Veterans Disability Litigation

A lawyer may help a veteran file an initial disability claim or contest a VA decision on the claim. At present, lawyers aren't allowed to charge fees for initial claims.

Monk claims that the VA denied his claim for benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correct any unfavorable decisions.

What Is an VA Disability Claim?

A VA disability claim is an application for tax-free monthly benefits. Compensation offers a cash reward to pay for things like housing assistance and medical care. Dependency and Indemnity Compensation provides an amount of money to parents, spouses and children of service members who died on active duty or due to service-related injuries.

Tinnitus is the #1 most frequent ailment. This condition occurs when you hear ringing, hissing, buzzing or other sounds from either or both ears. It can only be heard by you, as opposed to those who have it.

Sciatica is another one of the most common conditions to diagnose. Sciatica occurs when a herniated disc or bone spur compresses your sciatic nerve. The sciatic nerve runs from your lower spine to your buttocks, hips and down your legs. The lower and buttocks may be affected by discomfort and numbness.

The third most straightforward condition to be eligible for is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares, extreme anxiety, depression, or uncontrollable thought of an incident that took place during your military service. You can obtain the PTSD rating you deserve by making a strong claim and citing an event that happened during your service. A head injury that is traumatic is the fourth most common condition to prove and usually comes with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are a variety of steps to be followed to make a claim. You must first present medical evidence, like the opinion of a doctor and lab results, or X-rays to prove that your condition falls within VA's definition of disability. It is often helpful to get a lawyer to gather the medical evidence and submit it as part of your initial application so that the VA will be able to process it faster.

Then, you'll have to take a Compensation and Pension (C&P) exam. This will be performed by a federal VA rater who will examine your symptoms and physical condition to determine whether or not you are eligible for serena-garitta.it disability benefits. It is crucial to have the required documentation prior to taking the test to maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has assessed your medical evidence and completed the examination you will be issued a decision letter. This letter will include an introduction, a determination of your disability and amount of disability, a listing and a description of all medical evidence they considered and the reasons for their decision.

If your claim is rejected or you receive an unjustified rating that doesn't compensate you for all of the symptoms that you are suffering from, our firm can assist with the appeals process. We can assess why your claim was denied and then prepare a thorough and strategic appeal to resolve the issue in your favor.

How do I challenge a VA Decision?

VA has three paths to choose from when a person disagrees with the decision. First a Senior Reviewer can review the same evidence to determine whether the original decision could change based on a difference of opinion or exclusion. This is an option for applicants who don't have new evidence to present. It can be completed in about 125 days.

Then, you can make an Supplemental Claim. This is an appeal where veterans can provide new evidence but it has to be relevant and new. It may also contain non-medical evidence, such as lay statements (sworn statements from those who know how your disability affects you). This appeal must be filed within one year after a decision.

Another option is to make a formal appeal to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958, a Notice of Disagreement. Once the appeal is filed the regional office will draft a Statement of the Case or SOC that will outline the laws and regulations that were used in reaching the decision, and a list of evidence that was taken into consideration and will explain the reasons behind the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to appeal the decision to a federal appeals court. This is the most costly and time-consuming path, but it may be the only way to get a fair result for your client.

How much will a lawyer charge for an appeal?

A skilled veteran disability lawyer can help you understand the appeals process. He or she will quickly identify what was missing from your initial claim to be eligible for review and will help you determine the best method to appeal a decision. Scrutinizing the reasons for the rejection, and assisting you with developing medical evidence to support your claim, and presenting your evidence in a way that is appropriate is all part of the job.

If a judge 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 widely recognized law and there are penalties in the event of a violation of the order of a judge.

A recent settlement in a class-action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports the settlement will result thousands of veterans disability law firm who previously were not eligible for disability benefits to receive lifetime benefits.

Jim an 58-year-old veteran, suffered an stroke that rendered him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim is interested in knowing the impact of his $100,000 settlement on his impact his ability to receive these benefits. Jim realizes that he needs to prove that he has the financial need to continue receiving the monthly Pension payment, but he wonders what could be done to minimize the effect on his other sources of income.