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Veterans Disability Litigation

A lawyer can help veterans disability lawyers file an initial claim for disability or challenge the validity of a VA decision. At present, lawyers aren't allowed to charge for initial claims.

Monk claims that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA has a long appeals procedure to rectify any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation provides a cash payment to pay for things like housing and medical expenses. Dependency and Indemnity Compensation offers an amount of money to spouses, parents and children of Service members who have passed away on active duty or due to service-related disabilities.

The most common condition to establish is Tinnitus (ringing in the ear). This symptom occurs when you hear ringing, hissing, buzzing or other sounds from one or both ears and is only heard by you, as opposed to others who also have it.

Sciatica is another of the easier conditions to qualify for. It happens when a herniated disc or bone spur puts pressure on the sciatic nerve which runs from your lower back to your buttocks, hips and Veterans Disability Litigation down each leg. The pain and numbness are felt in the buttocks and lower legs as well as the feet and can be severe.

Post Traumatic Stress (PTSD) is the third condition that is easy to be eligible for. It is possible to experience recurring nightmares or extreme anxiety or depression, or an uncontrollable thoughts about an event that occurred during your military service. A strong statement in support of the claim accompanied by the stressor that occurred during your service may help you to get the PTSD rating you deserve. Traumatic head injuries are the fourth condition that is easy to prove, and it usually comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

In order to file a claim, you'll need to go through a few steps. You must first submit medical evidence, including an opinion from a doctor and lab results as well as X-rays to prove that your condition is in line with VA's definition of disability. It's usually beneficial to have your lawyer gather and submit this evidence as part of your initial application so that it can be more easily processed by the VA.

You then need to go through an exam called Compensation and Pensions (C&P). This will be performed by an federal VA rater who will evaluate your physical and psychological symptoms to determine whether or not you are eligible for disability benefits. You should have all the required documentation in order to increase your chances of obtaining benefits.

Once the C&P examiner has examined your medical evidence and completed the exam you will be issued the decision letter. The letter will contain an introduction, the determining of your disability and the amount of disability, a listing and a an explanation of the medical evidence that was reviewed, and any reasons for their decision.

If your claim is denied or you receive an unjustified rating that doesn't pay for all the ailments you are suffering from, our firm will help with the appeals process. We can help you appeal the denial of your claim through the preparation of a comprehensive appeal.

How do I challenge a VA decision?

VA offers three options for those who are dissatisfied with the decision. First an Senior Reviewer will review the same evidence to determine whether the original decision is likely to change based on a difference of opinion or absence. This option is available to those who don't have new evidence to prove. The process can be completed in about 125 days.

The other option is to file an Supplemental Claim. It is an appeal in which veterans can add new evidence, but it has to be new and relevant. It can also include nonmedical evidence, such as lay statements. These are sworn statements from people who are aware of how your disability affects you. This type of appeal must be submitted within one year from the date of a decision.

Thirdly you can submit a formal complaint to the Board of veterans disability litigation Appeals. This is done by filing a VA Form 21-0958 and a Notice Of Disagreement. Once the appeal is filed the regional office will draft a Statement of Case or SOC which will describe what laws and regulations were utilized in determining the decision, as well as a list of the evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most costly and time-consuming route, but it might be the only option to get a fair outcome for your client.

What is the average amount a lawyer can charge for Veterans Disability Litigation an appeal?

A veteran disability lawyer can assist to clarify the appeals process. They can quickly identify what was missing from your initial claim to be eligible to be reviewed and help you decide the best method to appeal the decision. The job entails analyzing the reasons for denial, assisting you in preparing medical evidence to prove your case, and presenting the evidence in a proper way.

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

A recent settlement in a class-action lawsuit could be a huge victory for veterans disability law with PTSD. Medical News Today reports the settlement will result thousands of veterans who were previously not eligible for disability benefits to receive lifetime benefits.

Jim, a 58-year-old veteran, suffered an stroke that caused him to be permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim is curious to know if his $100,000 settlement will affect his eligibility for these benefits. Jim realizes that he has to show that he is in need of the monthly pension payment, but he wonders how he can reduce the impact on other income sources.