Veterans Disability Litigation

Lawyers can assist a veteran file an initial disability claim or challenge the VA decision regarding the claim. Currently, lawyers are not allowed to charge for the initial claims.

Monk claims that the VA denied benefits due to PTSD and the discharge was not favorable. The VA has an extensive appeals process for making amends to any decision that is not favorable.

What is an 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 pay for medical care or housing assistance. Dependency and Indemnity Compensation provides cash payments to parents, spouses and children of service members who have died while on active duty or lawyers due to service-related injuries.

Tinnitus is the #1 most common disability. It is a condition that occurs when you hear a ringing sound in your ears, hissing, buzzing sounds, or other sounds, but only you can hear them.

Sciatica is another one of the most common conditions to diagnose. Sciatica can occur when a herniated disc or bone spur compresses your sciatic nerve. This nerve runs from your lower spine, through your buttocks and hips and down your legs. The numbness and pain are felt in the buttocks, lower leg and feet. It can be extremely.

The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This is when you experience constant nightmares, extreme anxiety, depression or uncontrollable thoughts about a specific event which occurred during your military service. A convincing proof of the claim by citing the stressor that occurred during service can help you achieve the PTSD rating you deserve. Traumatic head injuries are the fourth condition that is easy to prove and is typically associated with an PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you'll need to go through some steps. First, you need to submit medical evidence such as medical opinions or lab reports, X-rays and lab reports to prove that your condition is within the VA's definition of disability. It is usually beneficial to have a lawyer gather this evidence medically and submit it with your initial application so that the VA can review it faster.

Then, you'll have to take an Compensation and Pension (C&P) test. It will be administered by a federal VA rater who will review your symptoms and physical condition to determine if you qualify for disability benefits. It is crucial to have the appropriate documentation prior to taking this test so that you maximize your chances of obtaining the benefits you deserve.

You will receive a letter of determination once the C&P examiner has reviewed your medical evidence and finishes the exam. This will contain an introduction, a determination of your disability status and the specific amount, a list of the medical evidence they considered and a brief description of any reasons why they decided against the decision.

Our firm can assist you with the appeals process in case your claim has been denied or if you have received a rating that does not adequately compensate you for the issues you are experiencing. We can analyze the reasons for the reason for the denial and then prepare a thorough and strategic appeal to settle the issue in your favor.

What can I do to challenge a VA Decision?

VA has three routes to take when a claimant is not happy with the decision. First the Senior Reviewer will examine the same evidence and determine if the original decision can change based on a difference of opinion or exclusion. This is a great option for a claimant who doesn't have new evidence to show and it can be completed within 120 days.

Then, you can file an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it must be new and relevant. It may also contain non-medical evidence, such as lay statements (sworn statements from people who understand how your condition affects you). This type of appeal must be filed within one year after the date of a decision.

A third option is to submit a formal appeal to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958, also known as a Notice of Disagreement. The regional office will prepare an SOC (Statement of the Case) when the appeal is filed. This will comprise a listing of the evidence that was considered, the regulations and laws used to reach the decision and the reasons behind why the decision was favourable, unfavorable or indeterminate.

The final option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most expensive and difficult option, but it could be the only option to ensure a fair outcome for your client.

What is the cost a lawyer will Charge for appeals?

A skilled veteran disability lawyer will help you understand the appeals process. He or she will quickly determine what was lacking from your initial claim to make it eligible for review. He or she will assist you in choosing the most effective method to appeal a decision. Examining the reasons behind the decision, assisting you in preparing medical evidence to support your claim, and presenting this evidence in a way that is appropriate is all part of the job.

If a court requires a disabled veteran to pay alimony ordered by the court or child support, the veteran isn't able to disregard the order and continue to receive VA compensation benefits. This is a well-known law and carries a penalty when you do not comply with the order of a judge.

A recent settlement of a class action lawsuit could be a significant victory for veterans disability lawyer suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans who had previously been denied disability benefits.

Jim an 58-year-old veteran who suffered a stroke that made him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim is interested in knowing the impact of his $100,000 settlement on his affect his eligibility 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 minimize the effect on his other sources of income.