Veterans Disability Litigation

A lawyer can assist veterans file an initial disability claim or contest the VA decision on the claim. However, the law currently prohibits lawyers from charging fees for assistance with the initial claim.

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

What is a VA Disability Claim (VAD)?

A VA disability claim is a way to apply 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 a monetary benefit to spouses, children and parents of Service members who died in active duty or through service-related injuries.

Tinnitus is the #1 most commonly reported condition. This symptom occurs when you notice a hissing, ringing buzzing or other sounds in one or both ears. The sound can only be heard by you, and not to others who also have it.

Sciatica is another one of the most common conditions to diagnose. Sciatica occurs when a herniated disc bone spur causes compression of the sciatic nerve. This nerve runs from the lower part of your spine through your buttocks, hips, and down your legs. The pain and numbness are felt in the buttocks, lower legs and feet. It can be quite severe.

The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). You may have frequent nightmares or extreme anxiety or depression, or uncontrollable thought about an incident that occurred during your military service. You can obtain the PTSD rating you deserve by making a strong claim and citing a stressful event that happened during your service. A traumatic brain injury is the most simple condition to qualify for and is usually associated with a PTSD diagnosis.

How do I submit a claim for VA Disability?

There are many procedures to follow to submit an claim. First, you must submit medical evidence like medical opinions and lab reports as well as Xrays to establish that your condition is within the VA's definition of disability. It is a good idea to have a lawyer collect this evidence medically and submit it as part of your initial application, so that the VA will be able to process it faster.

You will then have to undergo an exam called Compensation and Pensions (C&P). This will be performed by a federal VA rater who will examine your physical and medical conditions to determine whether or not you qualify for disability benefits. You should have all the documentation required in order to increase your chances of obtaining benefits.

You will be issued a letter of decision once the C&P examiner reviews the medical evidence you submitted and has completed the exam. This letter will contain an introduction, the decision of your disability and the amount, a list and details of all medical evidence considered and the reasons behind their decision.

If your claim is rejected or you receive a rating that doesn't compensate you for all of the conditions you suffer from, our firm will help with the appeals process. We will determine the reason for the reason for the denial and craft a comprehensive and strategic appeal to end the issue to your satisfaction.

How can I challenge a VA Decision?

VA offers three options for applicants who disagree with a decision. First the Senior Reviewer will review the same evidence to determine whether the original decision could be changed due to a change of opinion or absence. This is a viable option for a claimant that does not have new evidence to provide and it can be completed within 125 days.

The other option is to file an Supplemental Claim. It is an appeal where a veteran may add new evidence, but it has to be relevant and new. It can also include nonmedical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects. This type of appeal must be filed within one year of a decision.

Another option is to make a formal appeal to the Board of Veterans Appeals. This is done by submitting an VA Form 21-0958 and a Notice Of Disagreement. The regional office will prepare an SOC (Statement of the case) once the appeal is filed. This will comprise a list evidence that was considered, the laws and regulations utilized in making the decision, as well as the reasons behind why the decision was favorable, not favorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most difficult option and is costly, but it is the only method to get an equitable outcome for your client.

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

A good veteran disability attorney brings clarity to the appeals process. They'll quickly identify what is lacking from your claim to make it eligible for review and help you determine the best way to appeal a decision. The job involves analyzing the reasons behind denial, assisting you in preparing medical evidence to support your claim, and presenting the evidence in a correct manner.

If an order from a court requires that a disabled veteran pay child maintenance or alimony and child maintenance, the veteran cannot evade the order and continue receive VA compensation benefits. This is a well-recognized law and there are consequences for breaking the order of a judge.

A recent settlement in a class action lawsuit could be a huge victory for veterans disability law firm suffering from PTSD. Medical News Today reports the settlement will result thousands of veterans who previously had to be denied disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who suffered an injury to the brain that left him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim is interested in knowing if his $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he needs to 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 his other sources of income.