Veterans Disability Litigation

A lawyer can help a veteran to submit an initial claim for disability or to challenge a VA decision. However, current law prevents lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA refused to grant him benefits based on PTSD and an unfavorable discharge. The VA has an extensive appeals process for fixing any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) offers the spouses, children and parents of service members who have died while on active duty or through service-related injuries.

Tinnitus is among the top most commonly reported condition. The symptom is when you hear hissing, ringing, buzzing, or other sounds in the ear of one or both and can only be heard by you, in contrast to other people who have it.

Sciatica is among the most frequently encountered conditions. Sciatica can occur when a herniated disc bone spur puts pressure on the sciatic nerve. This nerve is located in your lower spine, through your buttocks and hips and down your legs. The lower and buttocks can be affected by the pain and the numbness.

The most common condition you can be eligible for is Post Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares or extreme anxiety or depression, or uncontrollable thought about an event that occurred during your military service. A convincing argument in support of the claim with a stressor that occurred during your service can help you get the PTSD rating you deserve. A head injury that is traumatic is the fourth condition that is easy to be considered for, and it usually comes with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

To file a claim you'll need to follow some steps. You must first submit medical evidence, such as the opinion of a doctor, lab results and X-rays to prove that your condition is in line with VA's definition of disability. It's often helpful to have your lawyer gather the medical evidence and submit it in your initial application so that it can be more easily processed by the VA.

You then need to go through a Compensation and Pensions (C&P). A federal VA rater will conduct the exam. They will examine your symptoms and physical condition in order to determine if you are eligible for disability benefits. It's crucial to have appropriate documentation prior to taking this test so that you maximize your chances of receiving the benefits you deserve.

After the C&P examiner has looked over your medical evidence and completed the exam, you will receive a decision letter. This will contain an introduction, a declaration of your disability status and the exact amount, Veterans Disability Law Firms a list of the medical evidence they considered and a description of the reasons why they did not choose the decision.

Our firm can help you with the appeals process in case your claim was denied or you have received a rating which doesn't adequately compensate you for the ailments you're experiencing. We can assess why your claim was denied and then prepare a thorough and strategic appeal that will resolve the issue in your favor.

How Do I Challenge a VA Decision?

VA provides three options to applicants who disagree with a decision. First the Senior Reviewer will examine the same evidence and determine whether the initial decision could change based on a difference of opinion or an error. This is a possibility for those who do not have new evidence to present. The process can be completed within about 125 days.

The second option is to make a Supplemental Claim. This is an appeal where veterans Disability law firms can provide new evidence, however it must be 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 appeal has to be filed within a year following the decision.

Thirdly, you can file a formal complaint with the Board of veterans disability law firm Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) when the appeal has been filed. It will listing of the evidence that was considered, as well as the laws and regulations that were used in making the decision, as well as the reasons for why the decision was favorable, not favorable, or indeterminate.

The final option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most difficult path and may be costly, however it is the only method to get a fair result for your client.

How much will a lawyer Charge for Appeals?

A seasoned disability attorney will help you understand the appeals process. He or she will quickly determine what is missing from your claim, making it eligible to be reviewed and help you decide on the best way to appeal a decision. The job entails analyzing the reasons for refusal, helping you create medical evidence to support your claim and presenting the evidence in a way that is appropriate.

If a judge orders a disabled veteran to pay court-ordered alimony or child support, that veteran isn't allowed to ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are penalties for violating a court's order.

A recent settlement in a class action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans who were previously denied disability benefits.

Jim is a 58 year old veteran who suffered a stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim wants to know how the anticipated $100,000 settlement will affect his ability to receive these benefits. Jim recognizes that he must prove that he has the financial need to continue receiving the monthly Pension payment but wonders what can be done to reduce the effect on his other sources of income.