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Veterans Disability Litigation

A lawyer can help a veteran file an initial disability claim or challenge a VA decision on 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 denied his claim to benefits in the context of PTSD and an unfavorable discharge. The VA has an extensive appeals process for correcting any unfavorable decisions.

What Is an VA Disability Claim?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is cash benefits that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses and children of service members who have died during active duty or through service-related injuries.

Tinnitus is among the top most frequent ailment. This is a symptom that occurs when you hear a ringing, hissing buzzing or other sounds in one or both ears and can only be heard by you, as opposed to other people who have it.

Sciatica is one of the more common conditions to be diagnosed with. It happens when a herniated disk or bone spur causes compression of the sciatic nerve which runs from your lower back to your buttocks, hips and down each leg. Numbness and pain are felt in the buttocks and lower legs as well as the feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third most common condition that you can be able to qualify for. It's when you have constant nightmares, extreme anxiety or depression, or thoughts that are uncontrollable regarding a specific incident that occurred during your military service. A convincing defense of the claim using a stressor that occurred in the course of service can help to get the PTSD rating you deserve. A traumatizing brain injury is the easiest condition to be eligible for and typically comes with a PTSD diagnosis.

How do I file a claim for VA Disability?

There are a variety of procedures to follow to file an application. You must first submit medical evidence, such as medical opinion from a physician and lab results as well as X-rays, to prove that your condition falls within VA's definition of disability. It is a good idea for a lawyer to collect the medical evidence and then submit it with 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) test. A federal VA rater will conduct this exam. They will assess your symptoms and physical condition in order to determine if you're eligible for disability benefits. It's crucial to have necessary documentation prior to undergoing this exam to maximize your chances of obtaining the benefits you deserve.

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

Our firm can assist in the appeals process if your claim has been rejected or if you've received a rating that does not compensate you adequately for the issues you are experiencing. We can analyze the reasons for why your claim was denied and draft a thorough and strategic appeal that will resolve the matter in your favor.

How can I contest a VA decision?

VA offers three options for applicants who disagree with a decision. First, a Senior Reviewer will review the same evidence and determine whether the original decision could change based on a difference of opinion or an absence. This is an excellent option for a claimant that does not have any new evidence to provide and can be completed within the 125 days.

The second option is to submit a Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it has to be new 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 you. This type of appeal must be filed within one year from the date of a decision.

A third option is to file a formal appeal with the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958 or a Notice of Disagreement. Once the appeal is filed the regional office will draft an Statement of the Case or SOC which will detail the laws and regulations used in reaching the decision, along with a list of evidence that was examined and a description of the reasons for the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed and the BVA decision is upheld, the last option is to appeal the case to a federal appeals court. This is the most difficult and expensive route, but it might be the only way to ensure a fair outcome for your client.

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

A skilled veteran disability attorney brings clarity to the appeals process. They'll quickly identify what is lacking from your claim to make it eligible for review and assist you in deciding the best method to appeal a ruling. The job involves analyzing the reasons for denial, helping you develop medical evidence to back your case, and presenting the evidence in a proper way.

If a court requires 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 law that is well-known and there are penalties for ignoring the court's order.

A recent settlement of a class action lawsuit may be a significant victory for veterans disability suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans disability lawsuits previously denied disability benefits.

Jim is a veteran of 58 years had a stroke that left him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim would like to know whether his $100,000 settlement will affect his eligibility to receive these benefits. Jim knows he has to prove that he's in need of the monthly Pension payment, but he is wondering how he can minimize the impact on other income sources.