Veterans Disability Litigation

Lawyers can assist a veteran file an initial disability claim or contest the VA decision on the claim. However, the law currently prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk claims that the VA denied benefits due to PTSD and the discharge was not favorable. The VA has a lengthy appeals process for fixing any erroneous 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 cover things like housing assistance and medical care. Dependency and Indemnity Compensation offers a monetary payment to parents, spouses and children of service members who have died on active duty or because of service-related disabilities.

Tinnitus is the most frequently reported disorder. This is a sign that manifests when you hear sounds ringing in your ears, the sound of hissing or buzzing sounds, or other sounds that you cannot hear them.

Sciatica is among the more common conditions. Sciatica is a condition that occurs due to a herniated disc, or bone spur causes compression of your sciatic nerve. This nerve runs from the lower part of your spine through your buttocks, hips, and down your legs. The numbness and pain can be felt in the buttocks and lower legs as well as the feet. It can be extremely.

Post Traumatic Stress (PTSD) is the third condition that is easy to qualify. You may experience recurring nightmares, extreme anxiety, depression, or a recurring thought about an incident that happened during your military service. A convincing proof of the claim using the stressor that occurred during your service can help you receive the PTSD rating you merit. A head injury that is traumatizing is the fourth easiest condition to prove, and it usually comes with a PTSD diagnosis.

How do I file a claim for VA Disability?

There are several steps to be followed to file a claim. You must first provide medical evidence, including the opinion of a doctor or lab results, as well as the X-rays that prove your condition falls within VA's definition of disability. It is usually beneficial for a lawyer to collect the medical evidence and then submit it as part of your initial application, so that the VA will be able to process it faster.

Next, you must undergo a Compensation and Pension (C&P) examination. 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 necessary documentation in order to maximize your chances of receiving benefits.

You will receive a letter of decision after the C&P examiner has reviewed your medical evidence and completes the examination. It will include an introduction, a determination of your disability rating and specific amount, a listing of the medical evidence they reviewed and a description of the reasons why they decided against the decision.

Our firm can help you in the appeals process if your claim was denied or if you have received a rating that doesn't adequately compensate you for the ailments you're experiencing. We can assist you in appealing the denial of your claim by preparing an extensive appeal.

How Do I Challenge a VA Decision?

VA provides three options to those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence and determine if the original decision could be modified because of a difference of opinion or an error that was made. This is an excellent option for a claimant that doesn't have new evidence to present and it can be completed in one hundred and fifty days.

Then, you can file an Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be relevant and new. It may also contain non-medical evidence such a lay statements (sworn declarations from people who are aware of how your disability affects you). This type of appeal must be filed within one year after the date of a decision.

Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958 and a Notice Of Disagreement. Once the appeal is filed the regional office will prepare a Statement of the Case or SOC which will detail the laws and regulations that were used in reaching the decision, and a list of the evidence considered and it will describe the reasons behind 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 appeal the decision to a federal appeals court. This is the most challenging option and can be expensive but it could be the only way to ensure 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 can quickly determine what was lacking from your initial claim to allow it for review. He or she will assist you in choosing the most effective method to appeal a decision. The job involves analyzing the reasons for refusal, helping you create medical evidence to back your case and presenting the evidence in a professional manner.

If a court orders that a disabled veteran pay child maintenance or alimony and child maintenance, the veteran can't ignore the order and continue receive VA compensation benefits. This is a well-known law and there are consequences for breaking a court's 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 provide lifetime benefits for thousands of veterans disability law firm previously denied disability benefits.

Jim an 58-year-old veteran was struck by a stroke and left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know what the expected $100,000 settlement will impact his eligibility for these benefits. Jim is aware that he must to prove that he is in need of the monthly Pension payment, but he's wondering how he can reduce the impact on his other income sources.