Veterans Disability Litigation

A lawyer can help veterans file an initial claim for disability, or challenge the validity of a VA decision. However, current law prevents lawyers from charging fees for assistance with a claim for the first time.

Monk claims that the VA denied him benefits based on PTSD and a discharge that was not favorable. The VA has a lengthy appeals process for making amends to any decision that is not favorable.

What is a 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 a monetary benefit to parents, spouses, and children of Service members who die while on active duty, or due to their service-related disabilities.

The most simple condition to establish is Tinnitus (ringing in the ear). It is a symptom that is triggered when you hear a ringing sound in your ears, the sound of hissing or buzzing sounds, or any other sounds, but only you can hear them.

Sciatica is one of the most frequently encountered conditions. It is caused by a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back, through your buttocks, hips and down each leg. The lower legs and buttocks are susceptible to being affected by pain and the numbness.

The easiest condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). This is when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts about a specific event that happened in your military service. A strong statement in support of the claim accompanied by the stressor Veterans disability law Firms that occurred in the course of service can help to get the PTSD rating you are entitled to. A head injury that is traumatizing is the fourth condition that is easy to prove and is typically associated with the PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim you must follow the steps. First, you need to submit medical evidence such as medical opinions or lab reports, X-rays and lab reports to prove that your condition is within the VA's definition of disability. It is generally beneficial to get a lawyer to gather the medical evidence and then submit it with your initial application so that the VA can process it more easily.

Next, you must undergo a Compensation and Pension (C&P) examination. A federal VA rater will take this exam. They will assess your physical and mental health to determine if you are eligible for disability benefits. You should have all the documentation required to maximize your chances of receiving benefits.

Once the C&P examiner has examined your medical evidence and completed the exam you will be issued the decision letter. It will include an introduction, a statement of your disability rating as well as a specific amount, a list of the medical evidence they reviewed and a list of any reasons why they did not choose you when they made their decision.

If your claim is denied or you receive an unjustified rating that doesn't compensate you for all of the issues you suffer from, our firm can assist in the appeals process. We can assist you in appealing a denial of your claim by preparing a comprehensive appeal.

How can I contest a VA decision?

VA offers three options to those who are dissatisfied with a decision. First the Senior Reviewer will examine the same evidence and determine whether the original decision is likely to change based on a difference of opinion or an exclusion. This is an option for those who don't have new evidence to provide. It can be completed in the 125 days.

The second alternative is to file an Supplemental Claim. This is an appeal process where an individual with a disability can submit new evidence, however it must be to be new and relevant. It could also include non-medical evidence, such as lay statements. These are sworn statements by those who know how your disability affects you. This appeal has to be filed within a year following the decision.

Thirdly, you can submit a formal complaint to the Board of veterans disability lawsuit Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) once the appeal is filed. It will list evidence that was taken into account, the regulations and laws used to make the decision, and the reasons for why the decision was favourable, unfavorable or indeterminate.

If the BVA decision is affirmed then the only option left is to appeal the decision to a federal appeals court. This is the most difficult path and may be costly, however it is the only method to get an appropriate outcome for your client.

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

A seasoned disability attorney brings clarity to the appeals process. He or she will quickly determine what was lacking from your initial claim to allow it to be reviewed and help you decide the best method to appeal a decision. The job involves analyzing the reasons for denial, helping you develop medical evidence to support your claim, and presenting the evidence in a correct manner.

If a court or a judge orders a disabled veteran pay alimony ordered by the court or child support, the veteran isn't able to disregard the order and continue to receive VA compensation benefits. This is a law that is well-known and veterans disability law firms there are penalties for ignoring a court's order.

A recent settlement of a class action lawsuit may be a major win for veterans disability Law firms with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans previously denied disability benefits.

Jim is a 58 year old veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim is interested in knowing how the anticipated $100,000 settlement will impact his eligibility for these benefits. Jim recognizes that he must prove that he has the financial need to continue receiving the monthly Pension payment, but he wonders what could be done to reduce the effect on his other sources of income.