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Veterans Disability Litigation

A lawyer may help a veteran file an initial disability claim or challenge the VA decision on the claim. At present, lawyers aren't permitted to charge for initial claims.

Monk claims that the VA denied his claim to benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correcting any unfavorable decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an income-based benefit that can be used to cover medical costs or housing assistance. 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.

Tinnitus is the #1 most common disability. It is a condition that occurs when you hear ringing in your ears, the sound of hissing or buzzing sounds, or any other sounds that you cannot hear them.

Sciatica is another of the easier conditions to diagnose. It happens when a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back, through your buttocks and hips, and down each leg. The lower legs and buttocks are susceptible to being affected by discomfort and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be considered for. This occurs when you experience frequent nightmares, extreme anxiety, depression, or thoughts that are uncontrollable regarding a specific incident which occurred during your military service. You can obtain the PTSD rating you are entitled to by making a compelling claim and citing an event that occurred during your service. A head injury that is traumatic is the fourth most common condition to be considered for, and it usually comes with the PTSD diagnosis.

How do I file a claim for VA Disability?

There are a variety of steps to follow to start an application. The first step is to submit medical evidence such as medical opinions or lab reports, X-rays and lab reports to establish that your condition meets the VA's definition of disability. It is often helpful to have a lawyer collect this medical evidence and submit it as part of your initial application so that the VA will be able to process it more easily.

You will then have to undergo an examination for Compensation and Pensions (C&P). A federal VA rater will take this exam. They will look at your physical and psychological symptoms to determine whether you are eligible for disability benefits. It's important to have the appropriate documentation prior to taking this exam so that you can maximize your chances of obtaining the benefits you deserve.

You will be issued a letter of decision after the C&P examiner has reviewed the medical evidence you submitted and has completed the exam. This letter will include an introduction, the determination of your disability and amount of disability, a listing and a the description of all medical evidence they considered and the reasons behind their decision.

Our firm can help you with the appeals process in case your claim was denied or you've received a rating that doesn't adequately compensate you for Veterans Disability Litigation the issues you are experiencing. We will determine the reason for the reasons for your claim being denied and draft a thorough and strategic appeal to end the issue to your satisfaction.

What can I do to challenge a VA decision?

VA has three paths to take when a claimant disagrees with a decision. First a Senior Reviewer can review the same evidence and determine whether the original decision could change based on a difference of opinion or exclusion. This is a possibility for those who do not have new evidence to provide. The process can be completed in 125 days.

The second alternative is to file a Supplemental Claim. It is an appeal where veterans can add new evidence, but it must be relevant and new. It can also include nonmedical evidence, like lay statements. These are statements that are sworn by people who understand how your disability affects. This appeal has to be filed within one year after the date of a decision.

A third option is to file a formal appeal with the Board of veterans disability settlement Appeals. This is done by filing a VA Form 21-0958, also known as a Notice Of Disagreement. Once the appeal has been filed the regional office will prepare a Statement of Case or SOC which will describe the laws and regulations used in reaching the decision, as well as a list of the evidence taken into consideration and will explain the reasons behind the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed in the end, the only alternative is to appeal the case to a federal appeals court. This is the most difficult and expensive path, but it may be the only option to obtain a fair decision for your client.

How much will a lawyer charge for an appeal?

A skilled veteran disability lawyer can help you understand the appeals process. He or she will quickly determine what is missing from your initial claim in order to qualify it for review and will assist you in choosing the most effective method to appeal a decision. The job entails analyzing the reasons behind the denial, helping you to develop medical evidence to support your claim and presenting the evidence in a proper way.

If a judge decides that a disabled veteran must pay court-ordered alimony or child support, that veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a law that is well-known and there are penalties for violating the court's order.

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

Jim is a 58-year veteran who had a stroke that left him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim would like to know if his $100,000 settlement will impact his ability to receive these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly Pension payment, but he wonders what could be done to minimize the impact on his other sources of income.