veterans disability law firms Disability Litigation

A lawyer can assist veterans file an initial disability claim or challenge the VA decision on the claim. At present, lawyers aren't allowed to charge fees for initial claims.

Monk alleges that the VA refused to grant him benefits because of PTSD and an unfavorable discharge. 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 request for monthly benefits that are tax-free. Compensation offers a cash reward to cover things like medical care and housing assistance. Dependency and Indemnity Compensation provides an amount of money to parents, spouses and children of Service members who have died on active duty or as a result of service-related disabilities.

The easiest disability to establish is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear a ringing in your ears, hissing, buzzing sounds, or any other sounds, but only you can hear them.

Sciatica is one of the most frequently encountered conditions. It occurs when a herniated disk or bone spur puts pressure on the sciatic nerve which runs from your lower back to your buttocks and hips as well as down each leg. The pain and numbness are felt in the buttocks, lower leg and feet and can be severe.

Post Traumatic Stress (PTSD) is the third easiest condition to be eligible for. This is when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts about a specific event that took place during your military service. You can earn the PTSD rating that you merit by making a solid claim and citing an event that happened during your service. A traumatic head injury is the fourth most common condition to qualify for and is usually associated with an PTSD diagnosis.

How Do I File a claim for VA Disability?

There are many steps to be followed to start a claim. First, you need to submit medical evidence such as an opinion from a doctor, lab reports and X-rays to establish that your condition is in line with the VA's definition of disability. It is a good idea to have a lawyer collect this medical evidence and include it in your initial application so that the VA can review it more easily.

Then, you must undergo an exam for Compensation and Pensions (C&P). A federal VA rater will perform the exam. They will look at your physical and psychological symptoms in order to determine if you qualify for disability benefits. You must have all the required documentation in order to increase your chances of obtaining benefits.

You will receive a letter of determination after the C&P examiner has reviewed your medical evidence and finishes the exam. The letter will include an introduction, the decision of your disability and amount of your disability, a list and a details of all medical evidence that was reviewed as well as any reasons for their decision.

If your claim is denied or you receive an amount that does not compensate you for all of the conditions you suffer from, our firm will assist with the appeals process. We can help you appeal a denial of your claim through the preparation of a comprehensive appeal.

How do I challenge a VA decision?

VA provides three options to claimants who disagree with the decision. First, a Senior Reviewer will examine the same evidence and determine whether the original decision is likely to be changed due to a change of opinion or absence. This option is available to applicants who don't have new evidence to support their claim. It can be completed in 125 days.

Second, you can make an Supplemental Claim. This is an appeal in which the veteran can present new evidence but it has to be relevant and new. It may also contain non-medical evidence, like lay statements. These are sworn statements from people who are aware of how your disability affects. This type of appeal must be made within a year from the date of a decision.

A third alternative is to make a formal appeal to the Board of veterans disability lawyers Appeals. This is done by filing an VA Form 21-0958 and a Notice Of Disagreement. After the appeal has been filed, the regional office will prepare a Statement of Case or SOC which will detail what laws and regulations were utilized in determining the decision, as well as a list of evidence that was considered, and it will also explain the reasons behind the decision as either favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most difficult option and can be expensive, but it is the only way to ensure an appropriate outcome for your client.

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

A skilled veteran disability attorney will help you understand the appeals process. He or she can quickly determine what is missing from your initial claim in order to qualify it for review. They will also assist you in deciding the best method to appeal the decision. The job includes examining the reasons behind denial, helping you develop medical evidence to back your case, and presenting the evidence in a proper way.

If a court requires a disabled veteran to pay alimony ordered by the court or child support, that veteran isn't able to disregard the order and continue to collect VA compensation benefits. This is a widely-recognized law and carries a penalty if you violate the court order.

A recent settlement in a class action lawsuit could be a significant victory for veterans disability with PTSD. Medical News Today reports the settlement will allow thousands veterans who had previously been not eligible for disability benefits to receive lifetime benefits.

Jim an 58-year-old veteran 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 how his anticipated $100,000 settlement will affect his ability to claim 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 minimize the impact on other sources of income.