Veterans Disability Litigation

A lawyer can help veterans file a first disability claim or challenge the VA decision on the claim. At present, lawyers aren't allowed to charge for the initial claims.

Monk alleges that the VA denied his claim for benefits because of PTSD and an unfavorable discharge. The VA offers a comprehensive appeals procedure to rectify any unfavorable determinations.

What Is a VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation is a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to parents, spouses and children of Service members who died during active duty or due to their service-related disabilities.

Tinnitus is by far the most common disability. This is a symptom that is triggered when you hear ringing in your ears, hissing, buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is another one of the most common conditions to be able to treat. It happens when an injury to the disk or bone spur compresses the sciatic nerve, which runs from your lower back to your buttocks and hips, and down each leg. The numbness and pain can be felt in the buttocks, lower legs and feet. It can be quite severe.

The easiest condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience constant nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that happened in your military service. A convincing defense of the claim using the stressor that occurred in the course of service can help receive the PTSD rating you are entitled to. A traumatic head injury is the fourth easiest condition to qualify for and is usually associated with the PTSD diagnosis.

How Do I File a VA Disability Claim?

There are a variety of procedures to follow to submit an claim. First, you need to submit medical evidence such as the opinion of a doctor or lab report, as well as X-rays to prove that your condition is within the VA's definition of disability. It is often beneficial to have your lawyer collect and submit this medical evidence in your initial application to ensure that it is easier to process by the VA.

The next step is to take another Compensation and Pension (C&P) exam. The exam will be conducted by an federal VA rater who will evaluate your physical and mental health to determine if you qualify for disability benefits. It is crucial to have the proper documentation before undergoing this exam to maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has assessed the medical evidence you submitted and has completed the examination and analyzed your medical evidence, you will receive a decision letter. The letter will contain an introduction, the decision of your disability and amount of your disability, a list and a details of all medical evidence that was considered and the reasons behind their decision.

If your claim is denied or you receive an unjustified rating that doesn't pay for all the conditions you are suffering from, our firm can assist in the appeals process. We can assess the reason your claim was denied and draft a thorough and strategic appeal to resolve the issue to your satisfaction.

What can I do to challenge a VA Decision?

VA has three routes to take when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine if the initial decision is due to a difference of opinion or an error that was made. This is an option for claimants who don't have any new evidence to prove. The process can be completed in the 125 days.

Then, you can submit an Supplemental Claim. This is an appeal where veterans can provide new evidence, but it has to be original and relevant. It could also include non-medical evidence, such as lay statements (sworn declarations from people who know how your disability affects you). This type of appeal must be filed within one year following the decision.

Another alternative is to file a formal appeal with the Board of Veterans Appeals. This is done by filing an VA Form 21-0958 and a Notice of Disagreement. The regional office will draft an SOC (Statement of the Case) after the appeal has been filed. It will list of the evidence taken into consideration, the laws and regulations used in making the decision, as well as the reasons why the decision was favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision of the BVA is confirmed. This is the most difficult option and can be expensive, but it is the only option to obtain an appropriate outcome for your client.

How much will a lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals procedure. They will quickly determine what is missing from your claim to make it eligible for review and help you decide on the best way to appeal a decision. Reviewing the reasons for denial, assisting you in making medical evidence to back your claim, and presenting your evidence in a professional manner is all aspects of the job.

If the court orders that a disabled veteran pay child maintenance or alimony, the veteran cannot ignore this order and continue to receive VA compensation benefits. This is a law that is well-known and there are consequences for breaking the order of a judge.

A recent settlement in a class-action lawsuit could be a major victory for veterans disability lawsuits with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a number of veterans previously denied disability benefits.

Jim is a veteran of 58 years, suffered an stroke that made him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim is interested in knowing whether his $100,000 settlement will affect the ability to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly pension payment, but he's not sure how he could minimize the impact on other income sources.