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Veterans Disability Litigation

A lawyer can help veterans file a first disability claim or contest the VA decision regarding the claim. At present, lawyers aren't allowed to charge for Veterans Disability Litigation the initial claims.

Monk claims that the VA denied him benefits based on PTSD and the discharge was not favorable. The VA has a lengthy appeals process to correct any erroneous decisions.

What is what is a 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 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 due to service-related injuries.

The most simple condition to establish is Tinnitus (ringing in the ear). This symptom occurs when you hear hissing, ringing, buzzing, or other sounds in the ear of one or both and is only heard by you, and not to others who also have it.

Sciatica is one of the more common conditions to be able to treat. It happens when an injured disk or bone spur puts pressure on the sciatic nerve which runs from your lower back, through your buttocks, hips and down each leg. The lower legs and buttocks are susceptible to being affected by discomfort and the numbness.

The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This occurs when you experience recurring nightmares, extreme anxiety, depression or uncontrollable thoughts about a specific event that took place during your military service. A convincing argument in support of the claim using a stressor that occurred during your service may help you receive the PTSD rating you merit. A traumatizing brain injury is the most simple condition to qualify for and usually comes with an PTSD diagnosis.

How do I submit a claim for VA Disability?

There are a variety of steps to follow to start a claim. You must first submit medical evidence, like a doctor’s opinion and lab results, or X-rays, to prove that your condition falls within VA's definition of disability. It is usually beneficial to have a lawyer collect the medical evidence and then submit it with your initial application, so that the VA can review it more easily.

Then, you have to pass a Compensation and Pension (C&P) exam. This will be performed by a federal VA rater who will review your physical and psychological symptoms to determine whether or not you are eligible for disability benefits. It's crucial to have proper documentation before undergoing this exam so that you can maximize your chances of receiving the benefits you deserve.

After the C&P examiner has looked over the medical evidence you submitted and has completed the exam you will be issued a decision letter. It will contain an introduction, a declaration of your disability classification and the exact amount, a list of the medical evidence they reviewed and a statement of any reasons they decided against you in deciding.

If your claim is denied or you are awarded a rating that does not cover all of the symptoms that you suffer from, our firm will assist in the appeals process. We can determine the reasons behind why your claim was denied and draft a thorough and strategic appeal that will resolve the matter in your favor.

How Do I Challenge a VA Decision?

VA has three avenues to consider when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence again and determine if the initial decision is based on difference of opinion or an error made. This is an option for those who do not have new evidence to support their claim. The process can be completed in 125 days.

The second option is to make an Supplemental Claim. It is an appeal in which veterans disability lawsuit can add new evidence, but it must be relevant and new. It can also include non-medical evidence such as lay statements (sworn statements of people who know how your disability affects you). This type of appeal must be filed within a year following a decision.

Thirdly you can submit a formal complaint to the Board of veterans disability legal Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will prepare a Statement of Case or SOC which will identify the laws and regulations used to reach the decision, as well as a list of evidence that was examined and a description of the reasons for the decision as either favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most costly and time-consuming path, but it may be the only option to get a fair result for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals process. He or she will swiftly identify what is lacking from your claim, making it eligible to be reviewed and assist you in deciding the best method to appeal a ruling. Examining the reasons behind the rejection, and assisting you with creating medical evidence to support your claim, and presenting this evidence in a proper manner are all essential to the job.

If a judge decides that a disabled veteran must pay alimony or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a widely-recognized law and carries a penalty for violating the order of a judge.

A recent settlement in a class-action lawsuit could be a significant victory for veterans disability legal suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans disability law who were previously denied disability benefits.

Jim is a 58 year veteran who suffered an injury to the brain that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim wants to know if his $100,000 settlement will affect the ability to receive these benefits. Jim knows that he has to prove that he has the financial need to continue receiving the monthly Pension payment but wonders what can be done to minimize the effect on his other sources of income.