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Veterans Disability Litigation

A lawyer can assist veterans disability legal submit an initial claim for disability, or contest an VA decision. However, current law prohibits lawyers from charging for assistance in filing an initial claim.

Monk alleges that the VA refused to grant him benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to making amends to any decision that is not favorable.

What is an VA Disability Claim (VAD)?

A VA disability claim is a request for tax-free monthly benefits. Compensation provides a cash benefit to pay for things like housing and medical expenses. Dependency and Indemnity Compensation provides the parents, spouses, and children of Service members who have died while on active duty or because of disabilities related to service.

The most simple condition to claim is Tinnitus (ringing in the ear). This symptom occurs when you hear ringing, hissing, buzzing, or other sounds coming from either or both ears. It is only heard by you, as opposed to other people who have it.

Sciatica is among the most frequent conditions. It happens when a herniated disk or bone spur can compress the sciatic nerve which runs from your lower back through your buttocks and hips as well as down each leg. The numbness and pain can be felt in the buttocks, lower legs and feet, and can be very severe.

The easiest condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). You may have frequent nightmares, extreme anxiety, depression, or uncontrollable thoughts about an incident that occurred during your military service. A strong statement in support of the claim with an event that caused stress during service can help you receive the PTSD rating you deserve. A head injury that is traumatizing is the fourth most straightforward condition to qualify for, and it usually comes with a PTSD diagnosis.

How Do I File a VA Disability Claim?

There are a number of procedures to follow to make an application. First, you must submit medical evidence such as a doctor's opinion or lab reports, X-rays and Veterans Disability Litigation lab reports to establish that your condition is within the VA's definition of disability. It is generally beneficial to have a lawyer gather this evidence medically and include it in your initial application so that the VA will be able to process it faster.

Then, you must undergo an exam called Compensation and Pensions (C&P). It will be administered by a federal VA rater who will review your physical and medical conditions to decide whether or not you qualify for disability benefits. You must have all the necessary documentation to increase your chances of receiving benefits.

You will receive a letter of decision when the C&P examiner reviews your medical evidence and finishes the exam. The letter will include an introduction, the decision of your disability and amount as well as a list and details of all medical evidence considered, and any reasons for their decision.

Our firm can help you with the appeals procedure if your claim was denied or you've received a rating which does not compensate you adequately for the ailments you're experiencing. We can assess the reason for the denial and draft a thorough and strategic appeal to settle the matter in your favor.

How do I challenge a VA decision?

VA offers three options to follow when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine whether the original decision is due to a difference of opinion or an error that was made. This is an excellent option for a person who has no new evidence to submit and it can be completed within 120 days.

The second option is to make an Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be new and relevant. It can also include nonmedical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects. This appeal has to be filed within a year after the date of a decision.

Another alternative is to make a formal appeal to the Board of veterans disability lawyers Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) once the appeal is filed. This will contain a list evidence that was taken into account, the laws and regulations used in making the decision, as well as the reasons why the decision was favorable, unfavorable or indeterminate.

If the BVA decision is upheld in the end, the only alternative is to appeal the decision to a federal appeals court. This is the most difficult path and is costly, but it could be the only way to get the best possible outcome for your client.

How much will a lawyer charge for an appeal?

A skilled veteran disability attorney provides clarity to the appeals process. He or she will quickly determine what is missing from your initial claim to be eligible for review and will help you determine the best method to appeal the decision. Examining the reasons behind the rejection, and assisting you with preparing medical evidence to support your claim, and presenting your evidence in an appropriate way are all aspects of the job.

If a court orders a disabled veteran to pay alimony ordered by the court or child support, the veteran isn't allowed to ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for breaking an order of a court.

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

Jim an 58-year-old veteran, suffered an stroke that made him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim wants to know what the expected $100,000 settlement will affect his ability 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 wonders what can be done to reduce the impact on other sources of income.