Veterans Disability Litigation

A lawyer can assist veterans start a claim for disability or to contest the validity of a VA decision. However, current law prohibits lawyers from charging for assistance in filing an initial claim.

Monk claims that the VA denied him benefits based on PTSD and a discharge that was not favorable. The VA has a lengthy appeals process to making amends to any decision that is not favorable.

What is an VA Disability Claim (VAD)?

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

The most simple condition to claim is Tinnitus (ringing in the ear). This condition occurs when you hear hissing, ringing, buzzing or other sounds from one or both ears. The sound is only heard by you, in contrast to those who have it.

Sciatica is among the most frequent conditions. It happens when an injury to the disk or bone spur compresses the sciatic nerve, which runs from your lower back to your hips and buttocks and down each leg. The pain and numbness are felt in the buttocks, lower legs, and feet. It can be extremely.

Post Traumatic Stress (PTSD) is the third easiest condition to be considered for. It is a condition that occurs when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts about an incident that occurred during your military service. A strong statement in support of the claim by citing a stressor that occurred during your service can help you to get the PTSD rating you are entitled to. A traumatic brain injury is the easiest condition to be eligible for and usually comes with the PTSD diagnosis.

How Do I File a VA Disability Claim?

There are a number of procedures to follow to submit a claim. First, you need to submit medical evidence, such as a doctor's opinion, lab reports and X-rays to establish that your condition is in line with the VA's definition of disability. It is generally beneficial for a lawyer to collect this medical evidence and submit it as part of your initial application, so that the VA can process it faster.

You will then have to undergo a Compensation and Pensions (C&P). It will be administered by an federal VA rater who will evaluate your physical and mental health to determine if you are eligible for disability benefits. It's important to have the appropriate documentation prior to taking this test so that you maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has reviewed the medical evidence you submitted and has completed the exam you will be issued a decision letter. This letter will contain an introduction, the determination of your impairment and the amount as well as a list and description of all medical evidence considered, and any reasons for their decision.

Our firm is able to assist with the appeals process in case your claim was denied or you've received a rating that does not adequately compensate you for the conditions you are experiencing. We can assess the reason your claim was denied and then prepare a thorough and strategic appeal to end the issue to your satisfaction.

How do I challenge a VA Decision?

VA has three paths to choose from when a person disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and determine if the original decision is valid in light of a disagreement or an error that was made. This is an option for those who don't have new evidence to prove. The process can be completed in 125 days.

Second, you can file an Supplemental Claim. This is an appeal process where an individual with a disability can submit new evidence but it has to be relevant and new. It could also include non-medical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects you. This type of appeal should be made within a year after 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 prepare an SOC (Statement of the case) once the appeal is filed. This will include a list of the evidence considered, the laws and regulations that were used in making the decision, as well as the reasons why the decision was favourable, unfavorable or indeterminate.

The final 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 can be expensive but it is the only way to ensure an equitable outcome for your client.

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

A veteran disability lawyer can help to clarify the appeals process. He or veterans disability she can quickly identify what was missing from your initial claim to allow it to be reviewed and assist you in choosing the most effective method to appeal the decision. The task involves analyzing the reasons behind denial, assisting you in preparing medical evidence to back your case and presenting your evidence in a proper way.

If a judge requires a disabled veteran to pay alimony or child support, the veteran isn't allowed to ignore the order and continue to receive VA compensation benefits. It is a widely accepted law, and there are penalties when you do not comply with an order of a court.

A recent settlement in a class-action lawsuit could be a huge victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for veterans disability a number of veterans disability lawsuits previously denied disability benefits.

Jim is a 58-year old veteran who suffered a stroke that left him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim wants to know what the expected $100,000 settlement will affect his ability to receive these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly pension payment but wonders what can be done to reduce the impact on his other sources of income.