Veterans Disability Litigation

A lawyer can help veterans disability attorney submit an initial claim for disability benefits or contest the validity of a VA decision. Currently, lawyers are not allowed to charge for the initial claims.

Monk alleges that the VA denied his claim for benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals process for making amends to any decision that is not favorable.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit to pay for things such as housing assistance and medical care. Dependency and Indemnity Compensation (DIC) provides the parents, spouses and veterans disability law firms children of service members who have died while on active duty, or through service-related injuries.

Tinnitus is among the top most frequently reported disorder. The symptom is when you hear a ringing, hissing buzzing or other sounds in one or both ears and can only be heard by you, in contrast to those who have it.

Sciatica is another one of the most common conditions to diagnose. Sciatica can occur when a herniated disc bone spur puts pressure on the sciatic nerve. This nerve runs from the lower part of your spine through your buttocks, hips and down your legs. Lower legs and buttocks may be affected by discomfort and feeling of numbness.

Post Traumatic Stress (PTSD) is the third condition that is easy to be considered for. There are times when you experience frequent nightmares, extreme anxiety, depression, or a recurring thought about an event that occurred during your military service. You can achieve the PTSD rating that you merit by making a solid claim and citing an event that occurred during your military service. A traumatizing brain injury is the 4th most common condition to be eligible for and usually accompanies a PTSD diagnosis.

How Do I File a VA Disability Claim?

There are many procedures to follow to start an claim. You must first present medical evidence, such as the opinion of a doctor and lab results as well as X-rays to prove that your condition is in line with VA's definition of disability. It's often helpful to have your lawyer collect the medical evidence as part of your initial filing so that it can be more easily processed by the VA.

The next step is to take a Compensation and Pension (C&P) exam. This is conducted by an official from the federal VA rater who will review your physical and medical conditions to decide whether or not you qualify for disability benefits. It is crucial to have the proper documentation before undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

You will receive a decision letter once the C&P examiner reviews your medical evidence and finishes the examination. The letter will include an introduction, a declaration of your disability rating and specific amount, a listing of the medical evidence they reviewed and a statement of any reasons they ruled against you in deciding.

If your claim is denied or you are awarded a rating that does not cover all of the ailments you suffer from, our firm will help with the appeals process. We can help you appeal the denial of your claim by preparing a thorough appeal.

How can I contest a VA decision?

VA offers three options for those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence and determine if the initial decision can be changed in light of a disagreement or an error made. This is an option for those who do not have new evidence to provide. The process can be completed within 125 days.

The other alternative is to file an Supplemental Claim. This is an appeal process where an individual with a disability can submit new evidence, but it needs to be relevant and new. It could also include non-medical evidence, like lay statements. These are statements that are sworn from people who are aware of how your disability affects. This type of appeal should be submitted within one year from the date of a decision.

Another alternative is to make a formal appeal to the Board of veterans disability law firms Appeals. This is done by submitting an VA Form 21-0958 and Veterans Disability Law Firms a Notice of Disagreement. The regional office will prepare an SOC (Statement of the Case) once the appeal has been filed. It will list evidence that was considered, as well as the laws and regulations used to arrive at the decision and the reasons why the decision was favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most difficult path and can be expensive but it could be the only way to get a fair result for your client.

What is the average amount a lawyer can charge for an appeal?

A skilled veteran disability attorney can help you understand the appeals process. They will quickly identify what is lacking from your claim, making it eligible for review and help you determine the best method to appeal a decision. Analyzing the reasons for the denial, assisting you in developing medical evidence to support your claim, and then presenting this evidence in a proper manner are all essential to the job.

If a judge decides that a disabled veteran must pay alimony or child support, that veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a widely recognized law and there are penalties for violating the order of a judge.

A recent settlement in a class-action lawsuit could be a significant victory for veterans disability law firms suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans previously denied disability benefits.

Jim is a veteran of 58 years, suffered an stroke that made him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing if his $100,000 settlement will affect his eligibility for these benefits. Jim knows that he has to demonstrate that he is financially in need to continue receiving the monthly pension payment but wonders what can be done to reduce the impact on other sources of income.