shepherdsville veterans disability attorney Disability Litigation

A lawyer can assist a veteran to file an initial claim for disability benefits or challenge the validity of a VA decision. However, the law currently prohibits lawyers from charging fees for assistance with an initial claim.

Monk alleges that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure to rectify any erroneous determinations.

What is an VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to cover expenses such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides the parents, spouses, and children of service members who have died while on active duty or from their service-connected disabilities.

Tinnitus is the most frequent ailment. It is a condition that can be experienced when you hear ringing in your ears, a hissing sound, buzzing sounds, or other sounds that are only able to hear them.

Sciatica is one of the most frequent conditions. It occurs when a herniated disc or bone spur can compress the sciatic nerve which runs from your lower back through your hips and buttocks and down each leg. The numbness and pain are felt in the buttocks, lower legs and feet, and can be very severe.

Post Traumatic Stress (PTSD) is the third condition that is easy to qualify. There are times when you experience frequent nightmares or extreme anxiety or depression, or uncontrollable thought about an event that occurred during your military service. You can obtain the PTSD rating you deserve by making a strong claim and citing a stressful event that occurred during your military service. A traumatizing brain injury is among the fourth most straightforward condition to be considered for and usually comes with an PTSD diagnosis.

How do I file a claim for VA Disability?

There are several steps to be followed to start an application. First, you need to submit medical evidence such as an opinion from a doctor and lab reports as well as Xrays to prove that your condition is within the VA's definition of disability. It's usually helpful to have your lawyer collect and submit this medical evidence in your initial filing to ensure that it is easier to process by the VA.

Then, you must undergo an exam for Compensation and Pensions (C&P). A federal VA rater will administer this test. They will examine your symptoms and physical condition in order to determine if you're eligible for disability benefits. It's important to have the necessary documentation prior to undergoing this test to maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has looked over your medical evidence and completed the examination you will be issued the decision letter. The letter will include an introduction, the determination of your impairment and the amount as well as a list and an explanation of the medical evidence considered, and any reasons for their decision.

If your claim is denied or you are awarded a rating that doesn't compensate you for all of the symptoms that you suffer from, our company can assist you in appealing the decision. We can help you appeal the denial of your claim by preparing a comprehensive appeal.

How can I contest a VA decision?

VA offers three options to follow 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 original decision can be changed based on difference of opinion or an error made. This is an excellent alternative for a claimant who has no new evidence to show and can be completed within one hundred and fifty days.

The other option is to file a Supplemental Claim. It is an appeal in which the veteran can provide additional evidence, but it must be new and relevant. It can also include nonmedical evidence, such as lay statements. These are sworn statements by people who understand the way your disability affects. This appeal must be filed within one year after a decision.

Thirdly, you can make a formal complaint to the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will draft an Statement of the Case or SOC which will identify the laws and regulations used to make the decision, as well as a list of evidence that was examined and a description of why the decision was made as either favorable, unfavorable, or indeterminate.

If the BVA decision is upheld then the only option left is to appeal the case to a federal appeals court. This is the most costly and difficult path, but it may be the only way to ensure a fair outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A seasoned disability attorney provides clarity to the appeals process. He or she will quickly determine what is missing from your claim to make it eligible to be reviewed and assist you in deciding the best way to appeal a decision. The task involves analyzing the reasons behind refusal, helping you create medical evidence to support your case, and presenting the evidence in a way that is appropriate.

If a judge orders a disabled veteran to pay alimony, alimony that was ordered by a court, or child support, the veteran isn't able to disregard the order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for breaking the order of a judge.

A recent settlement in a class action lawsuit could be a major victory for hernando veterans disability attorney suffering from PTSD. Medical News Today reports the settlement will allow thousands of muscatine veterans disability attorney who previously were denied disability benefits to receive lifetime benefits.

Jim is a 58-year veteran who had a stroke which left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know whether his $100,000 settlement will impact his ability to receive these benefits. Jim recognizes that he must demonstrate that he is financially in need to continue receiving the monthly Pension payment, but is wondering what can be done to minimize the impact on other sources of income.