Veterans Disability Litigation

A lawyer can help veterans file a first disability claim or challenge the VA decision on the claim. However, the law currently prohibits lawyers from charging for assistance with the initial claim.

Monk claims that the VA denied benefits due to PTSD and the discharge was not favorable. The VA offers a comprehensive appeals procedure to rectify any erroneous decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation provides the parents, spouses, and children of Service members who have died while on active duty or due to service-related injuries.

Tinnitus is among the top most frequently reported disorder. This is a sign that can be experienced when you hear a ringing in your ears, a hissing sound, buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is one of the more common conditions to be diagnosed with. Sciatica is a condition that occurs when a herniated disk or bone spur can compress your sciatic nerve. The sciatic nerve is located in your lower spine through your buttocks and hips and down your legs. The numbness and pain can be felt in the buttocks and lower legs as well as the feet. It can be extremely.

Post Traumatic Stress (PTSD) is the third easiest condition to qualify. It's when you have repeated nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about an incident which occurred during your military service. A convincing argument in support of the claim using a stressor that occurred during your service may help you get the PTSD rating you are entitled to. A traumatic head injury is the fourth easiest condition to get a rating for and is usually associated with the PTSD diagnosis.

How do I file a claim for VA Disability?

There are a number of steps that must be taken to make an claim. First, you must provide medical evidence such as medical opinions and lab reports as well as Xrays to establish that your condition falls within the VA's definition of disability. It is often beneficial to have your lawyer collect the medical evidence and submit it as part of the initial filing to ensure that it is more easily processed by the VA.

Then, you have to pass a Compensation and Pension (C&P) exam. A federal VA rater will perform this test. They will examine your physical and psychological symptoms to determine if you're eligible for disability benefits. You must have all the documentation required to increase your chances of receiving benefits.

After the C&P examiner has looked over your medical evidence and completed the exam and analyzed your medical evidence, you will receive a decision letter. The letter will contain an introduction, a determination of your disability and amount, a list and description of all medical evidence that was considered and the reasons behind their decision.

If your claim is rejected or you receive an amount that does not compensate you for all of the symptoms that you are suffering from, our firm will assist in the appeals process. We can help you appeal the denial of your claim by preparing an extensive appeal.

How can I contest a VA decision?

VA has three routes to follow when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and decide if the original decision could be modified because of a difference of opinion or an error made. This is a great option for a claimant who doesn't have new evidence to submit and it can be completed within the 125 days.

The other alternative is to submit an Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it has to be new and relevant. 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 filed within one year after the date of a decision.

Thirdly you can file a formal complaint with the Board of veterans disability law firm Appeals. This is done by filing an VA Form 21-0958 and a Notice of Disagreement. Once the appeal is filed the regional office will draft a Statement of the Case or SOC which will detail what laws and regulations were used to make the decision, a list of evidence that was considered, and it will also explain why the decision was made as either favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most difficult and expensive path, but it may be the only way to get a fair outcome for your client.

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

A veteran disability lawyer can assist to clarify the appeals procedure. He or she will quickly determine what is missing from your initial claim to make it eligible for review. He or disability she will assist you in deciding the best method to appeal an appeal. The job includes examining the reasons for refusal, helping you create medical evidence to prove your case, and presenting the evidence in a correct manner.

If a court requires a disabled veteran to pay court-ordered alimony or child support, the veteran isn't allowed to ignore the order and continue to collect VA compensation benefits. This is a well-known law and carries a penalty if you violate a court order.

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

Jim is a veteran of 58 years had a stroke that left him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim is interested in knowing whether his $100,000 settlement will affect his eligibility for these benefits. Jim realizes that he needs to prove that he has the financial 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.