Veterans Disability Litigation

A lawyer can assist Covington veterans Disability lawyer file an initial disability claim or contest a VA decision on the claim. In the present, lawyers aren't allowed to charge for the initial claims.

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 making amends to any decision that is not favorable.

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 pay for things such as medical care and housing assistance. Dependency and Indemnity Compensation offers an amount of money to parents, spouses, and children of service members who have died on active duty or due to disabilities related to service.

The most simple condition to claim is Tinnitus (ringing in the ear). This condition occurs when you hear ringing, hissing, buzzing or other sounds in the ear of one or both and is only heard by you, in contrast to others who also suffer from it.

Sciatica is another of the easier conditions to diagnose. It occurs when a herniated disc or bone spur puts pressure on the sciatic nerve which runs from your lower back through your buttocks, hips and down each leg. Numbness and pain are felt in the buttocks, lower leg and feet. It can be extremely.

The third most straightforward condition to qualify for is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience constant nightmares, extreme anxiety, depression or uncontrollable thoughts about a specific event which occurred during your military service. A strong statement in support of the claim with a stressor that occurred during your service may help you achieve the PTSD rating you merit. Traumatic head injuries are the fourth most common condition to get a rating for, and it usually comes with an PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are several steps to follow to start an claim. You must first present medical evidence, such as the opinion of a doctor, lab results and the X-rays that prove your condition is within VA's definition of disability. It is often beneficial to have your lawyer gather the medical evidence and submit it in the initial filing so that it can be more easily processed by the VA.

Then, you must undergo a Compensation and Pensions (C&P). This will be performed by an official from the federal VA rater who will review your physical and mental health to determine if you qualify for disability benefits. It is crucial to have the required documentation prior to taking the test to maximize your chances of obtaining the benefits you deserve.

You will receive a letter of determination when the C&P examiner reviews your medical evidence and passes the exam. It will contain an introduction, a statement of your disability rating and specific amount, a list of the medical evidence they considered and a brief description of any reasons they ruled against you in making their decision.

If your claim is denied or you are awarded an unjustified rating that doesn't provide you with all the issues you suffer from, our company can assist you in appealing the decision. We can assess the reason your claim was denied and then prepare a thorough and strategic appeal to resolve the matter in your favor.

How can I challenge a VA Decision?

VA has three paths to consider when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine if the initial decision could be modified due to a difference of opinion or an error that was made. This is a great alternative for a claimant who does not have new evidence to present and it can be completed within 125 days.

The second option is to submit a Supplemental Claim. This is an appeal where an individual with a disability can submit new evidence, but it has to be fresh and relevant. It could also include non-medical evidence, such as lay statements. These are statements that are sworn by people who understand how your disability affects you. This type of appeal should be submitted within one year of a decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will draft an Statement of the Case or SOC which will detail the laws and regulations that were utilized in determining the decision, a list of the evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is upheld. This is the most difficult and expensive path, but it may be the only option to get a fair outcome for your client.

What is the cost a lawyer will charge for an appeal?

A skilled veteran disability attorney brings clarity to the appeals process. They'll quickly determine what is missing from your claim to make it eligible to be reviewed and assist you in deciding the best way to appeal a decision. The task involves analyzing the reasons behind denial, helping you develop medical evidence to prove your case, and presenting the evidence in a correct manner.

If a court or a judge orders a disabled veteran pay alimony or child support, that veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are consequences for breaking a court's order.

A recent settlement in a class action lawsuit could be a major victory for shrewsbury veterans disability lawyer with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans who were previously denied disability benefits.

Jim, a 58-year-old veteran was struck by a stroke and left him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim is curious to know whether his $100,000 settlement will affect the ability to receive these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly Pension payment, but is wondering what can be done to reduce the impact on his other sources of income.