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Veterans Disability Litigation

A lawyer may help veterans file an initial disability claim or contest the VA decision on the claim. Currently, lawyers are not allowed to charge for the initial claims.

Monk claims that the VA denied him benefits based on PTSD and a discharge that was not favorable. The VA offers a comprehensive appeals procedure to rectify any unfavorable decisions.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation offers a cash reward to pay for things such as housing assistance and medical care. Dependency and Indemnity Compensation (DIC) provides financial assistance to spouses, children and parents of service members who have died while on active duty or from service-related disabilities.

The easiest disability to establish is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear a ringing, hissing buzzing, or other sounds coming from either or both ears. It is only heard by you, as opposed to others who also have it.

Sciatica is among the most frequently encountered conditions. Sciatica is a condition that occurs when a herniated disc or bone spur compresses the sciatic nerve. The sciatic nerve runs from your lower spine to your buttocks, hips and down your legs. The lower legs and buttocks can be affected by the pain and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can be eligible for. This is when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts about an incident that happened in your military service. A convincing defense of the claim by citing a stressor that occurred during your service may help you achieve the PTSD rating you merit. A head injury that is traumatic is the fourth most common condition to prove, and it usually comes with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

In order to file a claim, you'll need to follow some steps. You must first provide medical evidence, like a doctor’s opinion and lab results, or X-rays to prove that your condition is in line with VA's definition of disability. It is a good idea to have a lawyer gather the medical evidence and provide it as part of your initial application, so that the VA can process it more easily.

Then, you have to pass an Compensation and Pension (C&P) test. It will be administered by an official from the federal VA rater who will examine your symptoms and physical condition to determine if you are eligible for disability benefits. You must have all the necessary documentation to maximize your chances of receiving benefits.

Once the C&P examiner has assessed your medical evidence and completed the examination and analyzed your medical evidence, you will receive the decision letter. This letter will include an introduction, a determination of your impairment and the amount of disability, a listing and a an explanation of the medical evidence considered as well as any reasons for their decision.

Our firm is able to assist in completing the appeals process if your claim was denied or if you have received a rating that does not compensate you adequately for the symptoms you are experiencing. We can assess the reason your claim was denied and draft a thorough and strategic appeal that will resolve the issue to your satisfaction.

How Do I Challenge a VA Decision?

VA offers three options for applicants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence over again and determine whether the original decision is valid because of a difference of opinion or an error made. This option is available to those who do not have new evidence to prove. It can be completed within about 125 days.

The second option is to file an Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it must be new and relevant. It could also include non-medical evidence, like lay statements. These are statements that are sworn by those who know how your disability affects you. This 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 filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the case) after the appeal has been filed. This will include a listing of the evidence that was taken into consideration, the regulations and laws used to arrive at the decision and the reasons for why the decision was favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court if the decision from the BVA is upheld. This is the most challenging option and can be expensive, but it is the only option to obtain the best possible outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A seasoned disability attorney brings clarity to the appeals process. He or she will quickly determine what is missing from your claim to make it eligible to be reviewed and assist you in deciding the best method to appeal a ruling. The job includes examining the reasons behind the denial, helping you to develop medical evidence to support your case and presenting the evidence in a correct manner.

If the court orders that a disabled veteran pay child maintenance or alimony and child maintenance, the veteran cannot evade the order and continue receive VA compensation benefits. This is a well-known law and there are consequences for breaking an order of a court.

A recent settlement in a class action lawsuit could be a major victory for veterans disability law firms suffering from PTSD. Medical News Today reports the settlement will allow thousands veterans who were previously not eligible for disability benefits to receive lifetime benefits.

Jim is a 58 year old veteran who suffered a stroke which left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his expected $100,000 settlement will affect his ability to claim these benefits. Jim knows that he needs to prove that he's in need of the monthly Pension payment, but he's wondering how he could minimize the impact on other income sources.