Veterans Disability Litigation

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

Monk claims that the VA denied him benefits based on PTSD and the discharge was not favorable. The VA has a lengthy appeals process for fixing any erroneous decisions.

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 pay for things such as housing and medical expenses. Dependency and Indemnity Compensation offers a monetary payment to spouses, parents and children of Service members who died on active duty or as a result of disability related to service.

Tinnitus is among the top most frequent ailment. The symptom is when you hear a ringing, hissing buzzing, or other sounds coming from either or both ears. It can only be heard by you, in contrast to other people who have it.

Sciatica is among the most frequently encountered conditions. Sciatica can occur when a herniated disc bone spur compresses your sciatic nerve. The sciatic nerve runs from your lower spine, through your hips, buttocks, and down your legs. The lower legs and buttocks may be affected by discomfort and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be eligible for. It is a condition that occurs when you experience frequent nightmares, extreme anxiety or depression or uncontrollable thoughts regarding a specific incident that occurred during your military service. A strong statement in support of the claim using an event that caused stress in the course of service can help get the PTSD rating you deserve. A head injury that is traumatic is the fourth most straightforward condition to get a rating for and usually comes with a PTSD diagnosis.

How Do I File a VA Disability Claim?

To file a claim you'll need to go through a few steps. First, you need to submit medical evidence like the opinion of a doctor and lab reports as well as Xrays to prove that your condition is within the VA's definition of disability. It is often beneficial to have your lawyer gather the medical evidence and submit it in your initial filing to ensure that it is easier to process by the VA.

Then, you'll have to take another Compensation and Pension (C&P) exam. It will be administered by an federal VA rater who will review your physical and mental health to determine whether or not you are eligible for disability benefits. It's crucial to have proper documentation before 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 examination and analyzed your medical evidence, you will receive a decision letter. The letter will contain an introduction, the determining of your disability and the amount of disability, a listing and a an explanation of the medical evidence that was reviewed as well as any reasons for their decision.

If your claim is rejected or you are awarded an amount that does not pay for Veterans Disability Law Firms all the issues you are suffering from, our firm can help with the appeals process. We can assist you in appealing an appeal against a denial by preparing an extensive appeal.

How can I challenge a VA Decision?

VA offers three options to follow when a claimant is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence again and determine if the initial decision can be changed in light of a disagreement or an error that was made. This is an excellent option for veterans Disability Law firms a claimant that doesn't have new evidence to provide and can be completed in the 125 days.

The second alternative is to file an Supplemental Claim. It is an appeal where a veteran may add new evidence, but it must be relevant and new. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn by those who know how your disability affects you. This type of appeal must be made within a year following the decision.

Another alternative is to submit a formal appeal to the Board of veterans disability law firms Appeals. This requires 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 what laws and regulations were used to make the decision, and a list of the evidence taken into consideration and will explain the reasons for the decision as either favorable, unfavorable or indeterminate.

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

What is the cost a lawyer will charge for an appeal?

A skilled veteran disability lawyer will help you understand the appeals process. He or she will quickly identify what was missing from your initial claim to allow it for review. He or she will assist you in deciding the best method to appeal the decision. Reviewing the reasons for rejection, and assisting you with preparing medical evidence to support your claim, and then presenting this evidence in a professional manner are all essential to the job.

If a court orders that a disabled veteran pay alimony or child maintenance, the veteran cannot ignore this order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for ignoring a court's order.

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 attorney who previously were not eligible for disability benefits to receive lifetime benefits.

Jim the veteran, who is 58 years old, suffered an stroke that caused him to be permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know whether his $100,000 settlement will impact his ability to receive these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly pension payment, but he wonders what could be done to reduce the effect on his other sources of income.