Veterans Disability Litigation

A lawyer can assist a veteran to submit an initial claim for disability or to challenge an VA decision. In the present, lawyers aren't permitted to charge for initial claims.

Monk claims that the VA denied his claim for benefits because of PTSD and an unfavorable discharge. The VA has an extensive appeals procedure to rectify any unfavorable determinations.

What Is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation provides a cash payment to pay for things such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses, and children of deceased Service members while on active duty or from their service-connected disabilities.

The most straightforward condition to establish is Tinnitus (ringing in the ear). This condition occurs when you hear a ringing, hissing buzzing, or other sounds in either or both ears. It is only heard by you, as opposed to those who have it.

Sciatica is one of the conditions that is easier to be able to treat. Sciatica is a condition that occurs when a herniated disk or bone spur puts pressure on your sciatic nerve. This nerve runs from your lower spine, through your hips, buttocks, and down your legs. Numbness and pain are felt in the buttocks, lower legs, and feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third easiest condition to be eligible for. It's when you have frequent nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about a specific event which occurred during your military service. A convincing proof of the claim by citing a stressor that occurred during service can help you receive the PTSD rating you are entitled to. A head injury that is traumatic is the fourth condition that is easy to get a rating for and is usually associated with a PTSD diagnosis.

How Do I File a claim for VA Disability?

There are many procedures to follow to make a claim. First, you must provide medical evidence such as the opinion of a doctor or lab reports, X-rays and lab reports to prove that your condition falls within the VA's definition of disability. It is often helpful to get a lawyer to gather this medical evidence and include it in your initial application, so that the VA can review it faster.

Then, you'll have to take an Compensation and Pension (C&P) exam. A federal VA rater will administer the exam. They will examine your physical and emotional symptoms in order to determine whether you are eligible for disability benefits. It is essential to have the proper documentation before undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has looked over the medical evidence you submitted and has completed the examination you will receive an official decision letter. The letter will include an introduction, the determination of your disability and the amount as well as a list and an explanation of the medical evidence that was reviewed as well as any reasons for their decision.

Our firm can assist in completing the appeals process if your claim has been rejected or if you've received a rating which does not adequately compensate you for the issues you are experiencing. We will determine the reason for the reason your claim was denied and draft a thorough and strategic appeal to settle the matter in your favor.

What can I do to challenge a VA Decision?

VA offers three options to choose from when a person is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence and decide if the original decision is in light of a disagreement or an error that was made. This is an option for those who do not have new evidence to provide. The process can be completed in one hundred and fifty days.

You can also make a Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it must be relevant and new. It may also contain non-medical evidence, such as lay statements. These are statements that are sworn from people who are aware of how your disability affects you. This appeal has to be filed within a year after a decision.

Another alternative is to make a formal appeal to the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will draft a Statement of the Case or SOC which will detail the laws and regulations used to make the decision, and a list of evidence examined and a description of the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most difficult route and can be expensive but it could be the only way to ensure a fair result for your client.

How much will a lawyer Charge for appeals?

A skilled veteran disability lawyer can help you understand the appeals process. They'll quickly identify what is lacking from your claim, making it eligible to be reviewed and help you determine the best way to appeal a ruling. The task involves analyzing the reasons for denial, helping you develop medical evidence to support your case and presenting the evidence in a way that is appropriate.

If a court orders that disabled veterans disability lawsuits pay alimony or child maintenance the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a widely recognized law and there are consequences when you do not comply with the court order.

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 result in lifetime benefits for thousands of veterans disability law firms who had previously been denied disability benefits.

Jim is a veteran of 58 years who suffered a stroke that rendered him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim wants to know what the expected $100,000 settlement will impact his eligibility for these benefits. Jim knows that he needs to prove that he's in need of the monthly Pension payment, but he's wondering how he can reduce the impact on his other income sources.