veterans disability law firm Disability Litigation

A lawyer may help veterans file an initial disability claim or contest a VA decision regarding the claim. However, current law prohibits lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA denied benefits due to PTSD, and a discharge that was not favorable. The VA has a lengthy appeals process to correct any erroneous decisions.

What is what is a 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 expenses or housing assistance. Dependency and Indemnity Compensation (DIC) provides an amount of money to parents, spouses, and children of Service members who die in active duty or due to their service-related disabilities.

Tinnitus is the #1 most commonly reported condition. This condition occurs when you notice a hissing, ringing buzzing, or other sounds coming from one or both ears. The sound is only heard by you, in contrast to other people who have it.

Sciatica is one of the more common conditions to be diagnosed with. Sciatica is a condition that occurs when a herniated disc bone spur causes compression of the sciatic nerve. This nerve is located in your lower spine, through your hips, buttocks, and down your legs. The numbness and pain are felt in the buttocks and lower legs as well as the feet. It can be quite severe.

The most common condition you can be diagnosed with is Post Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares, extreme anxiety, depression, or uncontrollable thought about an event that occurred during your military service. You can earn the PTSD rating you are entitled to by making a compelling claim and citing a stressful incident that occurred during your military service. A head injury that is traumatizing is the fourth easiest condition to get a rating for and is typically associated with an PTSD diagnosis.

How do I submit a claim for VA Disability?

To file a claim you must follow the steps. You must first present medical evidence, such as the opinion of a doctor and lab results, or X-rays to prove that your condition is in line with VA's definition of disability. It is often beneficial to have your lawyer gather and submit this evidence as part of your initial filing so that it can be more easily processed by the VA.

Next, you must undergo a Compensation and Pension (C&P) exam. A federal VA rater will take this exam. They will examine your symptoms and physical condition in order to determine if you're eligible for disability benefits. You should have all the documentation required to maximize your chances of receiving benefits.

After the C&P examiner has assessed your medical evidence and completed the examination you will be issued an official decision letter. The letter will include an introduction, a decision of your disability rating and the specific amount, a list of the medical evidence they considered and a brief description of any reasons they decided against you when they made their decision.

Our firm is able to assist with the appeals process in case your claim was denied or you have received a rating which does not compensate you adequately for the ailments you're experiencing. We will determine the reason for the reasons for your claim being denied and craft a comprehensive and strategic appeal to end the matter in your favor.

How can I challenge a VA Decision?

VA has three paths to consider when a claimant is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence and decide if the original decision can be changed because of a difference of opinion or an error that was made. This is a good option for a claimant who does not have any new evidence to present and it can be completed in 125 days.

The second option is to file an Supplemental Claim. This is an appeal where a veteran can add new evidence but it has to be relevant and new. It can also include non-medical evidence like lay statements (sworn declarations from people who are aware of how your disability affects you). This type of appeal must be submitted within one year following the decision.

A third option is to file a formal appeal with the Board of Veterans Appeals. This is done by filing a VA Form 21-0958 and a Notice of Disagreement. Once the appeal is filed, the regional office will prepare a Statement of the Case or SOC which will describe the laws and regulations that were used in reaching the decision, and a list of the evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision of the BVA is upheld. This is the most costly and time-consuming route, but it might be the only way to get a fair outcome for your client.

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

A skilled veteran disability lawyer brings clarity to the appeals process. He or she can quickly determine what is missing from your initial claim to make it eligible for review and will help you decide the best method to appeal a decision. The job includes examining the reasons for the denial, helping you to develop medical evidence to back your case and presenting your evidence in a way that is appropriate.

If a judge requires a disabled veteran to pay alimony, alimony that was ordered by a court, or child support, that veteran isn't allowed to ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for breaking the court's order.

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

Jim is a 58 year veteran who suffered a stroke that rendered him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim is interested in knowing whether the $100,000 settlement will affect his eligibility for these benefits. Jim knows that he has to prove that he has the financial need to continue receiving the monthly Pension payment, but he wonders what could be done to minimize the impact on his other sources of income.