Veterans Disability Litigation

A lawyer can assist a veteran to start a claim for disability or to contest a VA decision. But, the law in place today prohibits lawyers from charging for assistance with a claim for the first time.

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

What is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit to pay for things such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) offers financial assistance to parents, spouses and children of deceased Service members during active duty or from their service-connected disabilities.

The easiest disability to be diagnosed with is Tinnitus (ringing in the ear). This condition occurs when you hear ringing, hissing, buzzing, or other sounds coming from one or both ears and is only heard by you, in contrast to other people who have it.

Sciatica is among the most common ailments. It is caused by a herniated disc or bone spur compresses the sciatic nerve, which runs from your lower back through your buttocks and hips, and down each leg. The pain and numbness are felt in the buttocks, lower legs and feet, and can be very severe.

The third most straightforward condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares or extreme anxiety depression, or uncontrollable thoughts about an incident that happened during your military service. You can earn the PTSD rating you are entitled to by making a compelling claim and Veterans Disability Law Firms citing a stressful event that took place during your time of service. A traumatizing brain injury is the most simple condition to be eligible for and is usually associated with a PTSD diagnosis.

How do I submit a claim for VA Disability?

There are a variety of procedures to follow to submit a claim. First, you must submit medical evidence, like the opinion of a doctor, lab results and X-rays, to show that your condition meets VA’s definition of disability. It is a good idea to have a lawyer gather the medical evidence and provide it as part of your initial application, so that the VA can review it more easily.

The next step is to take a Compensation and Pension (C&P) examination. The exam will be conducted by a federal VA rater who will assess your symptoms and Veterans Disability Law Firms physical condition to decide whether or not you qualify for disability benefits. It is crucial to have the necessary documentation prior to undergoing this exam to maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has reviewed your medical evidence and completed the exam, you will receive the decision letter. This will contain an introduction, a statement of your disability rating as well as a specific amount, a list of the medical evidence they reviewed and a statement of any reasons why they decided against you in deciding.

If your claim is denied or you receive an amount that does not compensate you for all of the symptoms that you are suffering from, our company can assist with the appeals process. We can help you appeal an appeal against a denial through the preparation of a comprehensive appeal.

How Do I Challenge a VA Decision?

VA has three routes to choose from when a person disagrees with a decision. First, a Senior Reviewer will review the same evidence and determine whether the original decision could alter based on a divergence of opinion or exclusion. This is a good alternative for a claimant who has no new evidence to submit and it can be completed in 120 days.

The second option is to file a Supplemental Claim. It is an appeal in which veterans can add new evidence, but it has to be new and relevant. It could also include non-medical evidence, such as lay statements. These are sworn statements from people who are aware of how your disability affects you. This type of appeal should be filed within one year following the decision.

A third alternative is to file a formal appeal with the Board of Veterans disability law firms [96.gregorinius.Com] Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the case) when the appeal is filed. This will comprise a list of evidence considered, the laws and regulations utilized to make the decision, and the reasons behind why the decision was favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most difficult option and can be expensive but it is the only way to get a fair result for your client.

How Much Will a Lawyer Charge for appeals?

A seasoned disability attorney provides clarity to the appeals process. He or she can quickly identify what was missing from your initial claim to be eligible for review and will assist you in choosing the most effective method to appeal an appeal. The task involves analyzing the reasons behind denial, helping you develop medical evidence to support your case and presenting the evidence in a correct manner.

If a judge requires a disabled veteran to pay alimony or child support, the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-known law, and there are penalties for violating a court 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 result in lifetime benefits for thousands of veterans who had previously been denied disability benefits.

Jim, a 58-year-old veteran, suffered an stroke that caused him to be permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his expected $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly Pension payment, but he is wondering what can be done to minimize the impact on other sources of income.