Veterans Disability Litigation

A lawyer may help veterans disability lawsuits file a first disability claim or challenge the VA decision on the claim. Currently, lawyers are not allowed to charge for the initial claims.

Monk alleges that the VA denied his claims for benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure to rectify any unfavorable decisions.

What is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is an unpaid benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) provides an amount of money to parents, spouses and children of deceased Service members in active duty or from their service-connected disabilities.

The most common condition to be diagnosed with is Tinnitus (ringing in the ear). This is a sign that occurs when you hear ringing in your ears, the sound of hissing or buzzing sounds, or other sounds that are only able to hear them.

Sciatica is another of the easier conditions to qualify for. Sciatica occurs when a herniated disk or bone spur compresses 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 and lower legs as well as the feet. It can be extremely.

The easiest condition to be eligible for is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety or depression, or uncontrollable thoughts about an incident that occurred during your military service. A convincing proof of the claim accompanied by the stressor that occurred during your service may help you to get the PTSD rating you deserve. A traumatizing brain injury is the fourth most straightforward condition to be eligible for Lawyers and typically comes with an PTSD diagnosis.

How do I submit a claim for VA Disability?

To file a claim, you need to follow certain steps. You must first provide medical evidence, like an opinion from a doctor or lab results, as well as the X-rays that prove your condition is within VA's definition of disability. It is a good idea for a lawyer to collect the medical evidence and provide it as part of your initial application, so that the VA will be able to process it more easily.

You then need to go through an exam for 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 decide whether or not you are eligible for disability benefits. It's important to have the necessary documentation prior to undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

You will receive a decision letter once the C&P examiner has reviewed your medical evidence and passes the examination. It will contain an introduction, a declaration of your disability rating as well as a the specific amount, a list of the medical evidence they considered and a description of the reasons they decided against you when they made their decision.

If your claim is denied or you are awarded a rating that does not provide you with all the conditions you are suffering from, our firm can help with the appeals process. We can assess the reason your claim was denied and craft a comprehensive and strategic appeal that will resolve the issue in your favor.

What can I do to challenge a VA Decision?

VA has three routes to consider when a claimant is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and determine if the original decision can be changed due to a difference of opinion or an error that was made. This is a possibility for applicants who don't have new evidence to present. The process can be completed within about 125 days.

The second alternative is to file an Supplemental Claim. This is an appeal process where a veteran can add new evidence but it has to be original and relevant. It can also include non-medical evidence such a lay statements (sworn statements from people who are aware of how your disability affects you). This appeal has to be filed within a year following the decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This is done by filing an VA Form 21-0958 and a Notice Of Disagreement. Once the appeal is filed the regional office will draft a Statement of Case or SOC which will describe the laws and regulations used to make the decision, a list of evidence that was considered and it will describe the reasons behind the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to appeal the case to a federal appeal court. This is the most difficult route and can be expensive but it is the only method to get an appropriate outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A skilled veteran disability attorney provides clarity to the appeals process. They can quickly determine what was lacking from your initial claim to make it eligible to be reviewed and assist you in choosing the most effective method to appeal the decision. The job includes examining the reasons behind the denial, helping you to develop medical evidence to back your case and presenting your evidence in a proper way.

If a court or a judge orders a disabled veteran pay alimony or child support, the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-known law and carries a penalty for violating the order of a judge.

A recent settlement in a class action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously were not eligible for disability benefits to receive lifetime benefits.

Jim an 58-year-old veteran who suffered a stroke that made him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim would like to know the impact of his $100,000 settlement on his affect his eligibility for these benefits. Jim knows that he needs to prove that he's in need of the monthly pension payment, but he wonders how he can reduce the impact on his other income sources.