Veterans Disability Litigation

Lawyers can assist veterans file an initial disability claim or challenge an VA decision on the claim. However, current law prevents lawyers from charging fees for assistance with a claim for the first time.

Monk claims that the VA denied him benefits based on PTSD, and the discharge was not favorable. The VA has an extensive appeals procedure to rectify any unfavorable determinations.

What Is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation offers a cash reward to cover things like housing and medical treatment. Dependency and Indemnity Compensation offers a monetary payment to parents, spouses and children of service members who died on active duty or due to service-related injuries.

Tinnitus is the #1 most commonly reported condition. It is a symptom that can be experienced when you hear a ringing sound in your ears, hissing, buzzing sounds, or any other sounds, but only you can hear them.

Sciatica is another of the easier conditions to be able to treat. It occurs when a herniated disk or bone spur compresses the sciatic nerve, which runs from your lower back, through your buttocks and hips, and down each leg. The buttocks and lower legs may be affected by discomfort and feeling of numbness.

Post Traumatic Stress (PTSD) is the third condition that is easy to be able to qualify for. You may have frequent nightmares, extreme anxiety or depression, or an uncontrollable thoughts of an incident that took place during your military service. A convincing proof of the claim with an event that caused stress in the course of service can help to get the PTSD rating you merit. A traumatic head injury is the fourth easiest condition to get a rating for, and it usually comes with an PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are many steps to be followed to start a claim. The first step is to submit medical evidence like medical opinions or lab report, as well as X-rays to prove that your condition falls within the VA's definition of disability. It is generally beneficial to get a lawyer to gather the medical evidence and then include it in your initial application so that the VA will be able to process it faster.

Then, you have to pass another Compensation and Pension (C&P) test. It will be administered by a federal VA rater who will evaluate your physical and psychological symptoms to determine if you qualify for disability benefits. It's crucial to have necessary documentation prior to undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

You will receive a decision letter once the C&P examiner reviews your medical evidence and passes the examination. The letter will include an introduction, a statement of your disability rating as well as a specific amount, a listing of the medical evidence they reviewed and a brief description of any reasons they decided against you when they made their decision.

Our firm can help you with the appeals procedure if your claim has been rejected or if you've received a rating which is not enough to compensate you for the conditions you are experiencing. We will determine the reason for the reason your claim was denied and prepare a comprehensive and strategic appeal to end the issue in your favor.

What can I do to challenge a VA Decision?

VA offers three options to follow when a claimant is not happy with a decision. First the Senior Reviewer will examine the same evidence and determine if the original decision can be changed due to a change of opinion or absence. This is a viable option for a claimant that has no new evidence to show and can be completed within 120 days.

The second option is to submit an Supplemental Claim. This is an appeal process where an individual with a disability can submit new evidence but it has to be original and relevant. It may also contain non-medical evidence, like lay statements. These are statements that are sworn by people who understand how your disability affects. This type of appeal should be submitted within one year of a decision.

A third option is to file a formal appeal with the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will prepare an Statement of the Case or SOC that will outline the laws and regulations that were used to reach the decision, along with a list of evidence considered and it will describe 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 from the BVA is upheld. This is the most challenging option and may be costly, however it is the only option to obtain an appropriate outcome for your client.

How Much Will a Lawyer Charge for appeals?

A veteran disability lawyer can help to clarify the appeals process. He or she will quickly determine what is missing from your claim, making it eligible for review and help you decide on the best method to appeal a ruling. Analyzing the reasons for the rejection, and assisting you with making medical evidence to back your claim, and presenting the evidence in a professional manner is all part of the job.

If a court or a judge orders a disabled veteran pay alimony or child support, that veteran isn't able to disregard the order and continue to collect VA compensation benefits. This is a well-recognized law and there are penalties for violating a court's order.

A recent settlement of a class action lawsuit may be a major win for veterans disability attorneys with PTSD. Medical News Today reports the settlement will enable thousands of veterans who were previously not eligible for disability benefits to receive lifetime benefits.

Jim is a veteran of 58 years who suffered a stroke that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing whether his $100,000 settlement will affect the ability to receive these benefits. Jim recognizes that he must demonstrate that he is financially in need to continue receiving the monthly pension payment but wonders what can be done to minimize the effect on his other sources of income.