Veterans Disability Litigation

A lawyer can assist veterans Disability law firms file an initial claim for disability or to contest the validity of a VA decision. Lawyers are currently not permitted to charge for initial claims.

Monk claims that the VA denied benefits due to PTSD and a discharge that was not favorable. The VA has a lengthy 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 monthly benefits that are tax-free. Compensation provides a cash payment to pay for بالنقر هنا things like housing assistance and medical care. Dependency and Indemnity Compensation provides cash payments to spouses, parents and children of service members who have died while on active duty or as a result of disability related to service.

The easiest disability to be diagnosed with is Tinnitus (ringing in the ear). This is a sign that manifests when you hear ringing in your ears, a hissing sound, buzzing sounds, or any other sounds that you cannot hear them.

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

The easiest condition to be eligible for is Post Traumatic Stress Disorder (PTSD). This is when you experience frequent nightmares, extreme anxiety or depression or uncontrollable thoughts about a specific event that happened in your military service. A strong statement in support of the claim by citing the stressor that occurred in the course of service can help receive the PTSD rating you deserve. A traumatic head injury is the fourth most common condition to qualify for and is usually associated with an PTSD diagnosis.

How do I submit a claim for VA Disability?

There are a number of steps that must be taken to file a claim. You must first submit medical evidence, like a doctor’s opinion, lab results and the X-rays that prove your condition meets VA’s definition of disability. It is often beneficial to have your lawyer gather the medical evidence as part of your initial application to ensure that it is easier to process by the VA.

Then, you must undergo an examination for Compensation and Pensions (C&P). A federal VA rater will perform this test. They will assess your physical and psychological symptoms in order to determine if you qualify for disability benefits. It is essential to have the proper documentation before undergoing this exam so that you can maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has looked over your medical evidence and completed the examination, you will receive a decision letter. It will include an introduction, a determination of your disability status and specific amount, a list of the medical evidence they reviewed and a description of the reasons they ruled against you in deciding.

Our firm can assist in completing the appeals process if your claim has been denied or if you have received a rating that is not enough to compensate you for the issues you are experiencing. We can help you appeal a denial of your claim by preparing an extensive appeal.

How can I challenge a VA Decision?

VA offers three options to those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and determine whether the original decision could be modified in light of a disagreement or an error made. This is a good option for a person who does not have any new evidence to present and it can be completed within 120 days.

The second alternative is to file a Supplemental Claim. This is an appeal where the veteran can present new evidence, but it has to be fresh and relevant. It can also include nonmedical evidence, like lay statements. These are sworn statements by people who understand how your disability affects you. This type of appeal must be filed within one year after a decision.

Another alternative is to make a formal appeal to the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will prepare a Statement of the Case or SOC that will outline the laws and regulations utilized in determining the decision, a list of the evidence taken into consideration and will explain the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed in the end, [Redirect Only] the only alternative is to appeal the case to a federal appeals court. This is the most costly and difficult option, but it could be the only way to ensure a fair outcome for your client.

How much will a lawyer charge for an appeal?

A good veteran disability attorney brings clarity to the appeals process. He or she can quickly determine what is missing from your initial claim to be eligible for review. He or she will assist you in deciding the best method to appeal an appeal. The job entails analyzing the reasons behind the denial, helping you to develop medical evidence to back your case and presenting the evidence in a proper way.

If a court or a judge orders a disabled veteran pay court-ordered alimony or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are penalties for breaking the order of a judge.

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

Jim is a 58 year veteran who suffered a stroke that left him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim would like 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 is wondering what can be done to reduce the effect on his other sources of income.