Veterans Disability Litigation

A lawyer can help a veteran to file an initial claim for disability or challenge the validity of a VA decision. However, current law prevents lawyers from charging for assistance with the initial claim.

Monk claims that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has an extensive appeals process to correct any unfavorable decisions.

What is an VA Disability Claim (VAD)?

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

The most common condition to be diagnosed with is Tinnitus (ringing in the ear). This condition occurs when you notice a hissing, ringing buzzing, or other sounds in either or Vimeo both ears. It can only be heard by you, in contrast to those who have it.

Sciatica is one of the more common conditions. Sciatica is a condition that occurs when a herniated disk or bone spur puts pressure on your sciatic nerve. This nerve runs from the lower part of your spine through your buttocks and hips and down your legs. The lower legs and buttocks are susceptible to being affected by pain and numbness.

The 3rd most simple condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares or extreme anxiety depression, or an uncontrollable thoughts about an incident that occurred during your military service. A convincing argument in support of the claim with the source of the stressor during your service may help you achieve the PTSD rating you are entitled to. A head injury that is traumatic is the fourth most common condition to prove and is usually associated with an PTSD diagnosis.

How do I file a VA Disability Claim?

There are several steps that must be taken to start a claim. You must first present medical evidence, including an opinion from a doctor and lab results, or the X-rays that prove your condition meets VA’s definition of disability. It's usually helpful to have your lawyer gather and submit this medical evidence in the initial filing so that it can be more easily processed by the VA.

You will then have to undergo a Compensation and Pensions (C&P). This is conducted by an official from the federal VA rater who will assess your physical and psychological symptoms to determine if you qualify for disability benefits. You should have all the necessary documentation in order to increase your chances of receiving benefits.

Once the C&P examiner has assessed the medical evidence you submitted and has completed the examination you will be issued a decision letter. The letter will include an introduction, a determination of your disability status and specific amount, a listing of the medical evidence they considered and a brief description of any reasons they ruled against you in making their decision.

Our firm is able to assist with the appeals process in case your claim was denied or if you have received a rating which does not compensate you adequately for the ailments you're experiencing. We will determine the reason for the reasons for your claim being denied and prepare a comprehensive and strategic appeal that will resolve the matter in your favor.

How can I contest a VA decision?

VA provides three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and determine whether the original decision can be changed due to a difference of opinion or an error that was made. This is a viable option for a claimant who does not have any new evidence to provide and it can be completed within 120 days.

The second option is to make an Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it has to be relevant and new. It may also contain non-medical evidence, such as lay statements. These are statements that are sworn from people who are aware of how your disability affects. This type of appeal must be submitted within one year after a decision.

A third alternative is to file a formal appeal with the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will draft a Statement of Case or Vimeo SOC which will detail the laws and regulations that were used in reaching the decision, along with a list of evidence examined and a description of the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision of the BVA is confirmed. This is the most difficult and expensive option, but it could be the only way to ensure a fair outcome for your client.

How much will a lawyer Charge for appeals?

A skilled veteran disability attorney can help you understand the appeals process. He or she will quickly identify what is lacking from your claim, making it eligible for review and help you determine the best way to appeal a ruling. Reviewing the reasons for rejection, and assisting you with preparing medical evidence to support your claim, and presenting this evidence in a professional manner are all essential to the job.

If an order from a court requires that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran cannot evade this order and continue receive VA compensation benefits. This is a widely-recognized law and Vimeo 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 fruit heights veterans disability attorney suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a number of center line veterans disability lawsuit who were previously denied disability benefits.

Jim an 58-year-old veteran who suffered a stroke that rendered him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim wants to know whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he has to demonstrate that he is financially in need to continue receiving the monthly pension payment, but he is wondering what can be done to minimize the impact on his other sources of income.