veterans disability lawsuits Disability Litigation

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

Monk alleges that the VA denied his claim 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 what is a VA Disability Claim (VAD)?

A VA disability claim is a request for tax-free monthly benefits. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers an amount of money to parents, spouses, and children of Service members who die in active duty or from service-related disabilities.

The easiest disability to claim is Tinnitus (ringing in the ear). This is a symptom that is triggered when you hear a ringing sound in your ears, a hissing sound, buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is one of the more common conditions. It is caused by an injured disk or bone spur can compress the sciatic nerve which runs from your lower back to your buttocks and hips as well as down each leg. Lower legs and buttocks may be affected by pain and numbness.

The 3rd most simple condition to qualify for is Post Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares, extreme anxiety, depression, or a recurring thought about an incident that occurred during your military service. You can get the PTSD rating that you merit by making a solid claim and citing an event that occurred during your service. A head injury that is traumatizing is the fourth most common condition to be considered for and usually comes with a PTSD diagnosis.

How do I make a claim for a VA Disability?

There are a number of steps that must be taken to submit a claim. You must first provide medical evidence, including an opinion from a doctor or lab results, as well as the X-rays that prove your condition meets VA’s definition of disability. It is a good idea to have a lawyer collect the medical evidence and then submit it as part of your initial application, so that the VA can process it faster.

You will then have to undergo an examination for Compensation and Pensions (C&P). This is conducted by an federal VA rater who will review your physical and medical conditions to determine whether or not you qualify for disability benefits. It's important to have the appropriate documentation prior to taking this exam so that you can maximize your chances of obtaining the benefits you deserve.

You will receive a decision letter after the C&P examiner has reviewed your medical evidence and passes the examination. This letter will contain an introduction, the determining of your disability, the amount as well as a list and an explanation of the medical evidence they considered as well as any reasons for their decision.

If your claim is rejected or you receive an unjustified rating that doesn't pay for all the ailments you suffer from, our firm will assist in the appeals process. We can assess the reason your claim was denied and then prepare a thorough and strategic appeal to settle the matter in your favor.

How can I challenge a VA Decision?

VA offers three options to follow when a claimant is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence again and determine if the original decision is due to a difference of opinion or an error made. This is an option for those who don't have new evidence to support their claim. It can be completed within the 125 days.

The second alternative is to submit an Supplemental Claim. This is an appeal in which an individual with a disability can submit new evidence but it has to be fresh and relevant. It can also include nonmedical evidence, like lay statements. These are sworn statements by people who understand how your disability affects you. This type of appeal should be submitted within one year after a decision.

Another option is to file a formal appeal with the Board of Veterans Appeals. This is done by filing the VA Form 21-0958 or a Notice Of Disagreement. The regional office will draft an SOC (Statement of the case) when the appeal has been filed. It will list of the evidence taken into consideration, the laws and regulations used to arrive at the decision and the reasons for why the decision was favourable, unfavorable or indeterminate.

The last option is to appeal to a federal court in the event that the decision of the BVA is confirmed. This is the most difficult route and may be costly, however it is the only method to get the best possible outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can assist to clarify the appeals process. He or she will swiftly identify what is lacking from your claim, making it eligible to be reviewed and assist you in deciding the best method to appeal a decision. The job involves analyzing the reasons behind denial, assisting you in preparing medical evidence to prove your case, and presenting the evidence in a correct manner.

If a court orders that a disabled veteran 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 a court's order.

A recent settlement of 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 disability law firms who previously were denied disability benefits to receive lifetime benefits.

Jim is a veteran of 58 years was struck by a stroke and rendered him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim wants to know whether his $100,000 settlement will affect his eligibility for these benefits. Jim knows he has to prove that he's in need of the monthly Pension payment, but he wonders how he can minimize the impact on his other income sources.