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Veterans Disability Litigation

A lawyer may help a veteran file an initial disability claim or challenge the VA decision regarding the claim. But, the law in place today prohibits lawyers from charging fees for assistance with a claim for the first time.

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

What Is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is cash benefits that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses, and children of deceased Service members while on active duty or from service-related disabilities.

The most straightforward condition to claim is Tinnitus (ringing in the ear). It is a condition that occurs when you hear ringing in your ears, the sound of hissing or buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is another of the easier conditions to diagnose. It can occur when an injury to the disk or bone spur can compress the sciatic nerve which runs from your lower back, through your buttocks, hips and down each leg. The numbness and pain can be felt in the buttocks, lower leg and feet, and can be very severe.

Post Traumatic Stress (PTSD) is the third most common condition that you can be able to qualify for. You may experience recurring nightmares or extreme anxiety depression, or uncontrollable thought about an incident that happened during your military service. A convincing defense of the claim using the source of the stressor during service can help you to get the PTSD rating you merit. A traumatizing brain injury is the easiest condition to qualify for and typically comes with a PTSD diagnosis.

How Do I File a claim for VA Disability?

To file a claim you'll need to go through certain steps. The first step is to submit medical evidence, such as a doctor's opinion, lab reports and X-rays to establish that your condition is in line with the VA's definition of disability. It is usually beneficial to have a lawyer gather this evidence medically and provide it as part of your initial application, so that the VA will be able to process it faster.

The next step is to take a Compensation and Pension (C&P) exam. The exam will be conducted by a federal VA rater who will evaluate your physical and mental health to decide whether or not you are eligible for disability benefits. It is essential to have the appropriate documentation prior to taking this test so that you 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. It will include an introduction, a decision of your disability status and the specific amount, a list of the medical evidence they reviewed and a brief description of any reasons they decided against you in making their decision.

If your claim is denied or you receive an unjustified rating that doesn't cover all of the symptoms that you are suffering from, our company can help with the appeals process. We can assess why your claim was denied and draft a thorough and strategic appeal to end the matter in your favor.

How can I challenge a VA decision?

VA has three avenues to choose from when a person is not happy with the decision. First the Senior Reviewer will review the same evidence to determine whether the initial decision could alter based on a divergence of opinion or an error. This is an excellent alternative for a claimant who does not have any new evidence to present and can be completed in 120 days.

You can also make an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it has to be relevant and new. 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 type of appeal must be filed within one year following the decision.

Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958 and a Notice of Disagreement. Once the appeal has been filed the regional office will draft a Statement of the Case or SOC which will describe the laws and regulations utilized in determining the decision, a list of the evidence examined and a description of the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to refer the case to a federal appeals court. This is the most difficult path and is costly, but it could be the only way to get a fair result for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can assist to clarify the appeals process. He or she will quickly identify what is lacking from your claim to make it eligible for review and assist you in deciding the best way to appeal a ruling. The task involves analyzing the reasons for refusal, helping you create medical evidence to support your claim, and presenting the evidence in a professional manner.

If a court orders that a disabled veteran pay child maintenance or alimony, the veteran cannot ignore this order and continue to receive VA compensation benefits. This is a well-known law and carries a penalty in the event of a violation of a court order.

A recent settlement of a class action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of veterans disability who had previously been denied disability benefits.

Jim is a 58-year veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim would like to know how the anticipated $100,000 settlement will affect his ability to receive these benefits. Jim realizes that he has to prove that he's in need of the monthly pension payment, but he is wondering how he can reduce the impact on other income sources.