Veterans Disability Litigation

A lawyer can help veterans file a first disability claim or contest a VA decision on the claim. Currently, lawyers are not allowed to charge for the initial claims.

Monk alleges that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure for correcting any unfavorable decisions.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is an application for tax-free monthly benefits. Compensation provides a cash benefit to cover expenses such as housing and medical treatment. Dependency and Indemnity Compensation provides cash payments to spouses, parents and children of service members who have died on active duty or because of service-related injuries.

Tinnitus is by far the most commonly reported condition. The symptom is when you hear a ringing, hissing buzzing, or other sounds in one or both ears. The sound is only heard by you, as opposed to others who also suffer from it.

Sciatica is one of the more common conditions to diagnose. It is caused by a herniated disk or bone spur causes compression of the sciatic nerve which runs from your lower back to your buttocks, hips and down each leg. The buttocks and lower legs can be affected by discomfort and feeling of numbness.

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 thought about an incident that occurred during your military service. You can obtain the PTSD rating you are entitled to by making a compelling claim and citing a stressful event that occurred during your service. A brain injury that is traumatic is the easiest condition to be eligible for and usually accompanies the PTSD diagnosis.

How do I file a VA Disability Claim?

There are several procedures to follow to submit a claim. You must first provide medical evidence, such as medical opinion from a physician and lab results as well as the X-rays that prove 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 as part of your initial filing so that it can be more easily processed by the VA.

Then, you'll have to take a Compensation and Pension (C&P) examination. A federal VA rater will take this test. They will look at your physical and psychological symptoms to determine if you're eligible for disability benefits. It is crucial to have the necessary documentation prior to undergoing this test so that you maximize your chances of receiving the benefits you deserve.

After the C&P examiner has examined the medical evidence you submitted and has completed the exam and analyzed your medical evidence, you will receive the decision letter. The letter will contain an introduction, the determination of your disability, the amount, a list and description of all medical evidence they considered, and any reasons for their decision.

If your claim is denied or you receive a rating that doesn't compensate you for all of the issues you suffer from, our firm will assist in the appeals process. We can help you appeal a denial of your claim by preparing an extensive appeal.

How do I challenge a VA decision?

VA has three avenues to follow when a claimant is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence again and determine if the initial decision is valid due to a difference of opinion or an error that was made. This is an option for applicants who don't have new evidence to support their claim. It can be completed within about 125 days.

The second option is to submit an Supplemental Claim. It is an appeal where a veteran may add new evidence, but it must be relevant and new. It can also be accompanied by non-medical evidence such a lay statements (sworn statements from those who are aware of how your disability affects you). This type of appeal should be made within a year after a decision.

Another alternative is to file a formal appeal with the Board of winslow veterans disability lawsuit Appeals. This is done by submitting a VA Form 21-0958 or a Notice of Disagreement. Once the appeal is filed the regional office will draft an Statement of the Case or SOC which will detail what laws and regulations were used to make the decision, a list of the evidence examined and a description of the reasons for the decision as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most difficult and expensive route, but it might be the only way to ensure a fair outcome for your client.

How Much Will a Lawyer Charge for appeals?

A veteran disability lawyer can help to clarify the appeals process. They can quickly identify what was missing from your initial claim in order to qualify it for review. He or she will help you decide the best method to appeal a decision. The job involves analyzing the reasons for denial, assisting you in preparing medical evidence to support your case, and presenting the evidence in a way that is appropriate.

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

A recent settlement of a class action lawsuit may be a major win for northbrook Veterans disability law Firm with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for [Redirect-302] a number of veterans who had previously been denied disability benefits.

Jim, a 58-year-old veteran had a stroke that made him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim would like to know whether the $100,000 settlement will impact his ability to receive these benefits. Jim is aware that he must to prove that he is in need of the monthly Pension payment, but he wonders how he can reduce the impact on his other income sources.