Veterans Disability Litigation

A lawyer can help a veteran file an initial disability claim or challenge an VA decision on the claim. However, current law prevents lawyers from charging for assistance with an initial claim.

Monk claims that the VA denied benefits due to PTSD and the discharge was not favorable. The VA has an extensive appeals process for Veterans Disability fixing any erroneous decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is an application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers the parents, spouses, and children of service members who have died while on active duty or from service-related disabilities.

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

Sciatica is another of the easier conditions to diagnose. Sciatica happens when a herniated disc bone spur compresses the sciatic nerve. This nerve runs from the lower part of your spine through your hips, buttocks, and down your legs. Lower legs and buttocks can be affected by discomfort and the numbness.

Post Traumatic Stress (PTSD) is the third condition that is easy to qualify. This occurs when you experience constant nightmares, extreme anxiety, depression or uncontrollable thoughts about an event that took place during your military service. You can earn the PTSD rating you merit by making a solid claim and citing a stressful incident that took place during your time of service. A traumatic head injury is the fourth easiest condition to qualify for and is typically associated with a PTSD diagnosis.

How Do I File a claim for VA Disability?

There are a variety of procedures to follow to submit an application. First, you must provide medical evidence, such as the opinion of a doctor, lab reports and X-rays to prove that your condition meets the VA's definition of disability. It is often beneficial to have your lawyer collect the medical evidence as part of the initial filing to ensure that it is easier to process by the VA.

Next, you must undergo a Compensation and Pension (C&P) test. A federal VA rater will take this exam. They will examine your physical and mental health in order to determine if you qualify for disability benefits. It's important to have the proper documentation before undergoing this test to maximize your chances of obtaining the benefits you deserve.

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

If your claim is rejected or you receive a rating that doesn't pay for all the conditions you suffer from, our firm will assist in the appeals process. We can help you appeal a denial of your claim through the preparation of a comprehensive appeal.

How can I contest a VA decision?

VA offers three options for claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence again and determine whether the original decision is due to a difference of opinion or an error that was made. This is a good option for a claimant that does not have new evidence to show and it can be completed within 125 days.

Second, you can file an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it must be relevant and new. It can also include nonmedical evidence, such as lay statements. These are sworn statements by people who understand how your disability affects you. This type of appeal must be made within a year of a decision.

Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will draft a Statement of Case or SOC that will outline what laws and regulations were used to reach the decision, and a list of evidence that was taken into consideration and will explain the reasons for the decision as either favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most difficult route and is costly, but it could be the only method to get a fair result for your client.

What is the average amount a lawyer can charge for an appeal?

A seasoned disability attorney will help you understand the appeals process. They can quickly determine what was lacking from your initial claim in order to qualify it for review and will help you decide the best method to appeal an appeal. Scrutinizing the reasons for the rejection, and assisting you with preparing medical evidence to support your claim, and presenting this evidence in a proper manner are all essential to the job.

If the court orders disabled veterans disability attorneys pay child maintenance or alimony, the veteran cannot ignore the order and continue receive VA compensation benefits. This is a law that is well-known and there are penalties for ignoring the order of a judge.

A recent settlement in a class action lawsuit could be a significant victory for veterans disability lawsuits suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans who were previously denied disability benefits.

Jim is a veteran of 58 years had a stroke that made him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly Pension payment, but he wonders what could be done to reduce the impact on his other sources of income.