Veterans Disability Litigation

A lawyer can assist a veteran to submit an initial claim for disability or to contest the validity of a VA decision. But, the law in place today prohibits lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA denied him benefits based on PTSD and the discharge was not favorable. The VA has an extensive appeals process to correct any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation provides a cash payment to cover things like medical care and housing assistance. Dependency and Indemnity Compensation provides the parents, spouses, and children of Service members who have died on active duty or as a result of service-related injuries.

Tinnitus is the most commonly reported condition. This is a sign that manifests when you hear a ringing in your ears, the sound of hissing or buzzing sounds, or other sounds, but only you can hear them.

Sciatica is one of the more common conditions. Sciatica can occur when a herniated disc bone spur causes compression of your sciatic nerve. The sciatic nerve is located in the lower part of your spine through your buttocks, hips and down your legs. The pain and numbness are felt in the buttocks, lower legs, and feet. It can be quite severe.

The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It's when you have frequent nightmares, extreme anxiety, depression or uncontrollable thoughts about an event that took place during your military service. You can obtain the PTSD rating you deserve by making a convincing claim and citing an event that occurred during your military service. A traumatizing brain injury is among the easiest condition to be eligible for and typically comes with an PTSD diagnosis.

How Do I File a claim for VA Disability?

To file a claim you'll need to go through certain steps. You must first provide medical evidence, like a doctor’s opinion or lab results, as well as X-rays, to prove that your condition is in line with VA's definition of disability. It is generally beneficial to have a lawyer collect the medical evidence and then submit it as part of your initial application so that the VA can review it faster.

You must then undergo an exam called Compensation and Pensions (C&P). This is conducted by an official from the federal VA rater who will evaluate your symptoms and physical condition to determine if you are eligible for disability benefits. It is crucial to have the necessary documentation prior to undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has examined the medical evidence you submitted and has completed the exam you will receive an official decision letter. This will contain an introduction, a determination of your disability classification and specific amount, a listing of the medical evidence they reviewed and a list of any reasons why they did not choose you in making their decision.

Our firm can help you with the appeals process in case your claim has been denied or you have received a rating that doesn't adequately compensate you for the symptoms you are experiencing. We can assist you in appealing a denial of your claim by preparing a comprehensive appeal.

How can I challenge a VA Decision?

VA has three paths to choose from when a person disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence again and determine whether the original decision can be changed due to a difference of opinion or an error made. This is an option for claimants who don't have any new evidence to prove. It can be completed within the 125 days.

The second option is to submit a Supplemental Claim. This is an appeal process where an individual with a disability can submit new evidence but it has to be fresh and relevant. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn by people who understand the way your disability affects. This appeal has to be filed within one year after a decision.

A third option is to file a formal appeal with the Board of ravenna veterans disability law firm Appeals. This is done by submitting the VA Form 21-0958, a Notice Of Disagreement. Once the appeal is filed the regional office will draft a Statement of the Case or SOC that will outline what laws and regulations were used to make 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 affirmed then the only option left is to appeal the case to a federal appeals court. This is the most costly and difficult route, but it might be the only option to get a fair outcome for your client.

How much will a lawyer Charge for Appeals?

A skilled veteran disability attorney will help you understand the appeals process. They will quickly identify what is lacking from your claim to make it eligible for review and help you decide on the best way to appeal a decision. Examining the reasons behind the denial, assisting you in creating medical evidence to support your claim, and presenting your evidence in a professional manner is all aspects of the job.

If a court decides that a disabled veteran must pay alimony, alimony that was ordered by a court, or child support, the veteran isn't able to disregard the order and continue to receive VA compensation benefits. It is a widely accepted law and carries a penalty for violating a court order.

A recent settlement of a class action lawsuit may be a significant win for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of elsmere veterans disability lawsuit who had previously been denied disability benefits.

Jim, a 58-year-old veteran was struck by a stroke and left him permanently disabled. He receives a pension 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 show that he is in need of the monthly pension payment, but he wonders how he could minimize the impact on his other income sources.