Veterans Disability Litigation

Lawyers can assist a veteran file an initial disability claim or challenge the VA decision regarding the claim. But, the law in place today prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk alleges that the VA denied his claim to benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals process for fixing any erroneous decisions.

What Is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an unpaid benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) provides financial assistance to parents, spouses and children of Service members who died in active duty or from service-related disabilities.

Tinnitus is among the top most frequent ailment. It is a symptom that manifests when you hear a ringing in your ears, a hissing sound, buzzing sounds, or any other sounds that you cannot hear them.

Sciatica is among the most common ailments. Sciatica can occur when a herniated disc or bone spur causes compression of the sciatic nerve. The sciatic nerve is located in your lower spine, through your buttocks, hips, and down your legs. The numbness and pain can be felt in the buttocks, lower leg and feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be eligible for. It is possible to experience recurring nightmares, extreme anxiety, depression, or uncontrollable thoughts about an incident that happened during your military service. A convincing defense of the claim using an event that caused stress during service can help you receive the PTSD rating you merit. Traumatic head injuries are the fourth condition that is easy to get a rating for, and it usually comes with the PTSD diagnosis.

How do I file a claim for VA Disability?

There are many procedures to follow to make an claim. First, you must submit medical evidence such as medical opinions and lab reports as well as Xrays to prove that your condition is within the VA's definition of disability. It's usually helpful to have your lawyer gather the medical evidence in your initial filing so that it can be easier to process by the VA.

You must then undergo an exam for Veterans Disability Litigation Compensation and Pensions (C&P). The exam will be conducted by an official from the federal VA rater who will evaluate your symptoms and physical condition to decide whether or not you qualify for disability benefits. It is crucial to have the required documentation prior to taking the test so that you maximize your chances of receiving the benefits you deserve.

After the C&P examiner has looked over the medical evidence you submitted and has completed the examination and analyzed your medical evidence, you will receive the decision letter. The letter will include an introduction, the determination of your impairment and the amount, a list and an explanation of the medical evidence considered, and any reasons for their decision.

Our firm can assist you with the appeals process in case your claim was denied or you have received a rating that is not enough to compensate you for the ailments you're experiencing. We can determine the reasons behind the reason for the denial and craft a comprehensive and strategic appeal to resolve the issue in your favor.

How can I challenge a VA Decision?

VA offers three options for applicants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and decide if the original decision is valid due to a difference of opinion or an error that was made. This is a possibility for applicants who don't have new evidence to prove. The process can be completed within the 125 days.

The second option is to file an Supplemental Claim. It is an appeal in which an individual with a veterans disability case can submit new evidence, but it has to be new and relevant. It may also contain non-medical evidence, such as lay statements. These are sworn statements by people who understand the way your disability affects you. This type of appeal should be filed within one year of a decision.

Thirdly, you can make a formal complaint to the Board of veterans disability legal Appeals. This is done by filing a VA Form 21-0958 or a Notice of Disagreement. Once the appeal has been filed the regional office will prepare a Statement of Case or SOC which will describe what laws and regulations were used in reaching the decision, along with a list of evidence considered, and it will also explain the reasons behind the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed then the only option left is to refer the case to a federal appeal court. This is the most costly and difficult route, but it might be the only way to obtain a fair decision for your client.

What is the cost a lawyer will Charge for appeals?

A veteran disability lawyer can help to clarify the appeals procedure. He or she will quickly determine what is missing from your initial claim to make it eligible for review. He or she will assist you in deciding the best method to appeal an appeal. Examining the reasons behind the decision, assisting you in developing medical evidence to support your claim, and then presenting this evidence in a professional manner is all necessary steps.

If a court requires a disabled veteran to pay court-ordered alimony or child support, the veteran cannot ignore the order and continue to receive VA compensation benefits. It is a widely accepted law and there are consequences for violating the court order.

A recent settlement in a class-action lawsuit could be a major victory for veterans disability attorneys with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans disability lawyers who were 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 and also SSI and Medicaid payments. Jim would like to know the impact of his $100,000 settlement on his affect his eligibility to receive these benefits. Jim knows that he needs to show that he is in need of the monthly pension payment, but he wonders how he could minimize the impact on his other income sources.