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Veterans Disability Litigation

A lawyer can assist veterans file an initial disability claim or challenge the VA decision regarding the claim. Lawyers are currently not allowed to charge fees for initial claims.

Monk alleges that the VA denied his claim to benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correct any erroneous determinations.

What is an VA Disability Claim?

A VA disability claim is an application for tax-free monthly benefits. Compensation offers a cash reward to cover expenses such as medical care and housing assistance. Dependency and Indemnity Compensation (DIC) provides the parents, spouses and children of deceased Service members while on active duty, or due to their service-related disabilities.

The easiest disability to prove is Tinnitus (ringing in the ear). The symptom is when you notice a hissing, Veterans Disability Litigation ringing buzzing or other sounds from either or both ears. It can only be heard by you, and not to those who have it.

Sciatica is one of the most common ailments. Sciatica is a condition that occurs due to a herniated disc, or bone spur compresses your sciatic nerve. This nerve runs from your lower spine to your hips, buttocks, and down your legs. The lower legs and buttocks can be affected by discomfort and numbness.

The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). You may have frequent nightmares, extreme anxiety, depression, or uncontrollable thoughts of an incident that took place during your military service. You can earn the PTSD rating you deserve by making a convincing claim and citing a stressful incident that occurred during your military service. Traumatic head injuries are the fourth most common condition to be considered for Veterans Disability Litigation and is usually associated with an PTSD diagnosis.

How do I file a claim for VA Disability?

There are a variety of procedures to follow to start a claim. First, you must submit medical evidence, such as a doctor’s opinion and lab results as well as X-rays to prove that your condition meets VA’s definition of disability. It is generally beneficial for a lawyer to collect this medical evidence and submit it with your initial application so that the VA can process it faster.

Then, you'll have to take another Compensation and Pension (C&P) test. A federal VA rater will perform this test. They will assess your symptoms and physical condition in order to determine if you qualify for disability benefits. It is essential to have the proper documentation before undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has examined the medical evidence you submitted and has completed the exam you will receive the decision letter. This will contain an introduction, a declaration of your disability rating as well as a specific amount, a listing of the medical evidence they considered and a description of the reasons they ruled against you in making their decision.

Our firm can help you with the appeals process in case your claim has been denied or you have received a rating which does not compensate you adequately for the ailments you're experiencing. We can help you appeal an appeal against a denial through the preparation of a comprehensive appeal.

How Do I Challenge a VA Decision?

VA offers three options for claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and determine if the original decision is valid based on difference of opinion or an error made. This option is available to those who don't have new evidence to present. The process can be completed within the 125 days.

Second, you can make a Supplemental Claim. This is an appeal process where a veteran can add new evidence, but it needs to be original and relevant. It can also include nonmedical evidence, such as lay statements. These are sworn statements by people who understand the way your disability affects. This type of appeal should be submitted within one year following the decision.

Thirdly, you can file a formal complaint with the Board of veterans disability attorney Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will draft a Statement of Case or SOC which will identify the laws and regulations that were used to make the decision, a list of the evidence examined and a description of why the decision was made as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed then the only option left is to refer the case to a federal appeal court. This is the most expensive and difficult option, but it could be the only way to ensure a fair outcome for your client.

How Much Will a Lawyer Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals procedure. He or she can quickly determine what is missing from your initial claim to allow it to be reviewed and assist you in choosing the most effective method to appeal the decision. Examining the reasons behind the decision, assisting you in developing medical evidence to support your claim, and presenting your evidence in an appropriate way is all necessary steps.

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

A recent settlement in a class action lawsuit could be a major victory for veterans disability attorney with PTSD. Medical News Today reports the settlement will result thousands of veterans disability claim who previously were denied disability benefits from receiving lifetime benefits.

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