veterans disability lawsuit Disability Litigation

A lawyer can assist veterans disability lawyer file an initial disability claim or contest a VA decision on the claim. Lawyers are currently not allowed to charge for the initial claims.

Monk claims that the VA denied benefits due to PTSD, and the discharge was not favorable. The VA offers a comprehensive appeals procedure to rectify any unfavorable determinations.

What Is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation offers an amount of money to spouses, parents and children of Service members who have died while on active duty or due to disabilities related to service.

Tinnitus is by far the most frequently reported disorder. The symptom is when you hear a ringing, hissing buzzing, or other sounds in one or both ears and can only be heard by you, in contrast to others who also suffer from it.

Sciatica is one of the more common conditions. It is caused by a herniated disk or bone spur causes compression of the sciatic nerve which runs from your lower back to your buttocks, hips and down each leg. The buttocks and lower legs can be affected by the pain and numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to be eligible for. This occurs when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts about an incident that took place during your military service. You can achieve the PTSD rating that you merit by making a solid claim and citing an event that took place during your time of service. Traumatic head injuries are the fourth most common condition to prove and is typically associated with the PTSD diagnosis.

How do I file a VA Disability Claim?

There are a variety of steps that must be taken to file a claim. You must first provide medical evidence, such as medical opinion from a physician and lab results, or X-rays to prove that your condition is within VA's definition of disability. It's often helpful to have your lawyer collect the medical evidence and submit it as part of your initial application so that it can be easier to process by the VA.

The next step is to take another Compensation and Pension (C&P) examination. It will be administered by an federal VA rater who will examine your symptoms and physical condition to determine whether or not you are eligible for disability benefits. You should have all the necessary documentation in order to increase your chances of obtaining benefits.

You will be issued a letter of decision once the C&P examiner has reviewed the medical evidence you submitted and has completed the examination. This letter will contain an introduction, the determining of your disability and the amount as well as a list and description of all medical evidence they considered and the reasons behind their decision.

If your claim is denied or you receive an amount that does not pay for all the symptoms that you suffer from, our company can help with the appeals process. We can determine the reasons behind the reasons for your claim being denied and prepare a comprehensive and strategic appeal to resolve the issue to your satisfaction.

How Do I Challenge a VA Decision?

VA has three avenues to follow when a claimant disagrees with the decision. First an Senior Reviewer will review the same evidence and determine whether the initial decision could alter based on a divergence of opinion or absence. This option is available to claimants who don't have any new evidence to support their claim. The process can be completed within about 125 days.

Second, you can make an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it has to be new and relevant. It could also include non-medical evidence, such as lay statements (sworn statements from people who know how your disability affects you). This type of appeal must be submitted within one year of a decision.

Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This requires filing a notice 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 comprise a listing of the evidence that was considered, the laws and regulations utilized to arrive at the decision and the reasons for why the decision was favorable, not favorable, or indeterminate.

The final option is to appeal to a federal court if the decision from the BVA is upheld. This is the most difficult option and may be costly, however it is the only method to get an appropriate outcome for your client.

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

A skilled veteran disability lawyer will help you understand the appeals process. They can quickly determine what was missing from your initial claim to allow it for review. He or she will assist you in deciding the best method to appeal an appeal. The job involves analyzing the reasons behind refusal, helping you create medical evidence to support your claim, and presenting the evidence in a correct manner.

If a court or a judge orders a disabled veteran pay alimony ordered by the court or child support, the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a widely recognized law and there are penalties for violating an order of a court.

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

Jim an 58-year-old veteran was struck by a stroke and caused him to be permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim wants to know how his anticipated $100,000 settlement will affect his ability to claim these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly pension payment, but he is wondering what can be done to minimize the impact on his other sources of income.