mountain home veterans disability law firm Disability Litigation

A lawyer can help a veteran to submit an initial claim for disability or to contest the validity of a VA decision. Currently, lawyers are not allowed to charge for initial claims.

Monk claims that the VA refused to grant him benefits based on PTSD and an unfavorable discharge. The VA has an extensive appeals process for fixing any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation offers an amount of money to parents, spouses and children of Service members who have died while on active duty or as a result of disability related to service.

Tinnitus is the most frequent ailment. It is a symptom that manifests when you hear sounds ringing in your ears, hissing, buzzing sounds, or any other sounds that are only able to hear them.

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

Post Traumatic Stress (PTSD) is the third condition that is easy to be considered for. There are times when you experience frequent nightmares, extreme anxiety or depression, or an uncontrollable thoughts about an event that occurred during your military service. A convincing argument in support of the claim with an event that caused stress during service can help you to get the PTSD rating you deserve. A head injury that is traumatic is the fourth easiest condition to prove and usually comes with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are a variety of steps that must be taken to submit a claim. First, you must provide medical evidence such as the opinion of a doctor or lab report, as well as X-rays to establish that your condition meets the VA's definition of disability. It is a good idea to have a lawyer collect this medical evidence and submit it as part of your initial application, so that the VA will be able to process it more easily.

You must then undergo an examination for Compensation and Pensions (C&P). The exam will be conducted by an federal VA rater who will examine your physical and mental health to determine whether or not you are eligible for disability benefits. You should have all the necessary documentation to increase your chances of receiving benefits.

Once the C&P examiner has reviewed the medical evidence you submitted and has completed the exam and analyzed your medical evidence, you will receive a decision letter. The letter will contain an introduction, a determination of your impairment and the amount, a list and details of all medical evidence considered and the reasons behind their decision.

If your claim is rejected or you are awarded an unjustified rating that doesn't pay for all the ailments you are suffering from, our firm can assist with the appeals process. We can help you appeal an appeal against a denial by preparing an extensive appeal.

How do I challenge a VA Decision?

VA has three paths to follow when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and determine if the initial decision could be modified in light of a disagreement or an error made. This is an excellent option for a claimant who has no new evidence to provide and can be completed within the 125 days.

The second alternative is to make an Supplemental Claim. This is an appeal in which an individual with a disability can submit new evidence, however it must be to be new and relevant. It can also be accompanied by non-medical evidence such a lay statements (sworn statements of people who understand how your condition affects you). This type of appeal should be made within a year from the date of a decision.

Thirdly you can file a formal complaint with the Board of long beach veterans disability lawyer Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) once the appeal has been filed. This will contain a listing of the evidence that was taken into account, the laws and regulations used to arrive at the decision and the reasons behind why the decision was favorable, not favorable, or indeterminate.

The final option is to appeal to a federal court in the event that the decision of the BVA is upheld. This is the most costly and difficult path, but it may be the only way to obtain a fair decision for your client.

How much will a lawyer charge for an appeal?

A good veteran disability attorney can help you understand the appeals process. He or she will quickly identify what is lacking from your claim, making it eligible for review and help you determine the best method to appeal a decision. Examining the reasons behind the decision, assisting you in preparing medical evidence to support your claim, and presenting this evidence in a professional manner is all part of the job.

If a court orders a disabled veteran to pay alimony ordered by the court or child support, the veteran cannot ignore the order and continue to collect VA compensation benefits. This is a law that is well-known and there are consequences for breaking the order of a judge.

A recent settlement of a class action lawsuit could be a significant win for veterans with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of veterans previously denied disability benefits.

Jim, a 58-year-old veteran was struck by a stroke and caused him to be permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing whether his $100,000 settlement will affect his eligibility for these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly Pension payment, but he wonders what could be done to reduce the impact on other sources of income.