Veterans Disability Litigation

A lawyer can assist a veteran file an initial disability claim or contest an VA decision regarding the claim. But, the law in place today prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA refused to grant him benefits based on PTSD and an unfavorable discharge. 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 an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation provides an amount of money to parents, spouses, and children of Service members who died on active duty or because of disability related to service.

Tinnitus is among the top most common disability. This symptom occurs when you hear a ringing, hissing buzzing or other sounds in either or both ears. It is only heard by you, and not to others who also have it.

Sciatica is one of the most common ailments. Sciatica is a condition that occurs when a herniated disc or bone spur puts pressure on the sciatic nerve. This nerve is located in your lower spine through your hips, buttocks, and down your legs. The lower and buttocks can be affected by pain and feeling of numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can be considered for. It is a condition that occurs when you experience recurring nightmares, extreme anxiety or depression or uncontrollable thoughts about an event that took place during your military service. You can obtain the PTSD rating that you merit by making a solid claim and citing an event that happened during your service. A traumatic head injury is the fourth easiest condition to prove and is usually associated with a PTSD diagnosis.

How Do I File a claim for VA Disability?

To file a claim you need to follow some steps. You must first present medical evidence, including an opinion from a doctor or lab results, as well as X-rays, to show that your condition meets VA’s definition of disability. It is often beneficial to have your lawyer gather the medical evidence as part of the initial filing to ensure that it is easier to process by the VA.

Then, you'll have to take an Compensation and Pension (C&P) test. This will be performed by an federal VA rater who will assess your symptoms and physical condition to determine if you qualify for disability benefits. You must have all the necessary documentation to maximize your chances of obtaining benefits.

You will receive a decision letter after the C&P examiner has reviewed the medical evidence you submitted and has completed the examination. It will contain an introduction, a decision of your disability status and specific amount, a list of the medical evidence they reviewed and a statement of any reasons they decided against you in deciding.

If your claim is rejected or you are awarded a rating that does not compensate you for all of the ailments you are suffering from, our firm will help with the appeals process. We can assist you in appealing a denial of your claim by preparing a comprehensive appeal.

How do I challenge a VA decision?

VA offers three options for claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and determine whether the original decision is valid because of a difference of opinion or an error that was made. This is an option for those who don't have new evidence to support their claim. It can be completed in about 125 days.

The other option is to file a Supplemental Claim. It is an appeal in which veterans can add new evidence, but it must be relevant and new. It could also include non-medical evidence like lay statements (sworn statements from those who know how your disability affects you). This type of appeal should be made within a year of a decision.

Thirdly, you can file a formal complaint with the Board of arkansas veterans disability lawsuit Appeals. This is done by filing an VA Form 21-0958, a Notice Of Disagreement. Once the appeal is filed, the regional office will prepare a Statement of the Case or SOC which will describe what laws and regulations were used to reach the decision, a list of evidence examined and a description of the reasons behind the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld, the final option is to appeal the decision to a federal appeals court. This is the most challenging option and is costly, but it could be the only method to get an equitable outcome for your client.

What is the cost a lawyer will Charge for appeals?

A veteran disability lawyer can help to clarify the appeals procedure. They can quickly determine what is missing from your initial claim to allow it for review and will assist you in choosing the most effective method to appeal an appeal. Examining the reasons behind the decision, assisting you in creating medical evidence to support your claim, and presenting this evidence in a professional manner are all part of the job.

If an order from a court requires that disabled jerseyville veterans disability attorney pay child maintenance or alimony the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for violating the order of a judge.

A recent settlement of a class action lawsuit may be a major win for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of hialeah veterans disability Attorney who were previously denied disability benefits.

Jim is a 58 year veteran who had a stroke that left him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim understands that he must demonstrate that he is financially in need to continue receiving the monthly Pension payment, but he is wondering what can be done to reduce the impact on other sources of income.