Veterans Disability Litigation

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

Monk claims that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to rectifying any decisions that are not in the best interest of the public.

What is an VA Disability Claim (VAD)?

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

Tinnitus is the #1 most frequently reported disorder. This is a symptom that occurs when you notice a hissing, ringing buzzing or other sounds in the ear of one or both and can only be heard by you, as opposed to others who also suffer from it.

Sciatica is another one of the most common conditions to be diagnosed with. Sciatica is a condition that occurs when a herniated disc bone spur puts pressure on the sciatic nerve. The sciatic nerve is located in the lower part of your spine through your buttocks, hips, and down your legs. Lower legs and buttocks are susceptible to being affected by discomfort and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to qualify. This is when you experience repeated nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that took place during your military service. A convincing defense of the claim using the stressor that occurred during service can help you get the PTSD rating you are entitled to. Traumatic head injuries are the fourth easiest condition to qualify for and is typically associated with the PTSD diagnosis.

How do I file a claim for VA Disability?

There are many steps to follow to file an claim. First, you need to submit medical evidence, such as an opinion from a doctor, lab reports and X-rays to establish that your condition is within the VA's definition of disability. It's usually helpful to have your lawyer collect the medical evidence and submit it as part of the initial filing so that it can be more easily processed by the VA.

Then, you'll have to take a Compensation and Pension (C&P) examination. A federal VA rater will perform this test. They will evaluate your physical and mental health in order to determine if you are eligible for disability benefits. You should have all the required documentation in order to maximize your chances of receiving benefits.

You will receive a letter of decision when the C&P examiner reviews the medical evidence you submitted and has completed the examination. This letter will include an introduction, the determination of your impairment and the amount as well as a list and the description of all medical evidence they considered, and any reasons for their decision.

Our firm can assist you with the appeals process in case your claim was denied or if you have received a rating which doesn't adequately compensate you for the conditions you are experiencing. We can help you appeal an appeal against a denial by preparing an extensive appeal.

What can I do to challenge a VA decision?

VA has three routes to choose from when a person disagrees with the decision. First an Senior Reviewer will review the same evidence and determine if the original decision can alter based on a divergence of opinion or an error. This is an option for those who don't have new evidence to present. The process can be completed within one hundred and fifty days.

The other alternative is to 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 by people who understand how your disability affects. This appeal must be filed within one year following the decision.

A third alternative is to file a formal appeal with the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the case) after the appeal has been filed. This will contain a list evidence that was taken into account, the laws and regulations that were used to arrive at the decision and the reasons behind why the decision was favorable, not favorable, or indeterminate.

The final option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most difficult and expensive route, but it might be the only option to get a fair result 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 can quickly determine what was missing from your initial claim to allow it for review. They will also help you decide the best method to appeal an appeal. Scrutinizing the reasons for the rejection, and assisting you with developing medical evidence to support your claim, and then presenting this evidence in a professional manner are all part of the job.

If an order from a court requires that disabled veterans pay child maintenance or alimony and child maintenance, the veteran can't ignore the order and continue to receive VA compensation benefits. This is a law that is well-known and there are consequences for breaking the court's order.

A recent settlement of a class action lawsuit may be a significant win for veterans disability law firms with PTSD. Medical News Today reports the settlement will allow thousands of veterans who were previously denied disability benefits, receiving lifetime benefits.

Jim the veteran, who is 58 years old had a stroke that caused him to be permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim is interested in knowing if his $100,000 settlement will impact his ability to receive these benefits. Jim knows that he has to show that he has financial need to continue receiving the monthly Pension payment but wonders what can be done to minimize the effect on his other sources of income.