Veterans Disability Litigation

A lawyer can assist a veteran to file an initial claim for disability, or challenge an VA decision. However, the law currently prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied his claim for benefits based on PTSD and an unfavorable discharge. The VA has an extensive appeals procedure to rectify any erroneous decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers financial assistance to parents, spouses and children of service members who have died while on active duty or due to their service-related disabilities.

The easiest disability to be diagnosed with is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear a ringing, hissing buzzing, or other sounds in one or both ears. The sound can only be heard by you, in contrast to others who also suffer from it.

Sciatica is one of the conditions that is easier to be able to treat. Sciatica can occur due to a herniated disc, or bone spur compresses your sciatic nerve. This nerve runs from the lower part of your spine through your buttocks and hips and down your legs. The buttocks and lower legs may be affected by pain and the numbness.

The most common condition you can be diagnosed with is Post Traumatic Stress Disorder (PTSD). It's when you have constant nightmares, extreme anxiety, depression or uncontrollable thoughts about an event which occurred during your military service. You can achieve the PTSD rating you are entitled to by making a compelling claim and citing an event that occurred during your military service. A head injury that is traumatizing is the fourth most straightforward condition to be considered for, and it usually comes with an PTSD diagnosis.

How Do I File a VA Disability Claim?

There are many steps that must be taken to start a claim. First, you must submit medical evidence like an opinion from a doctor, lab reports and veterans disability X-rays to prove that your condition meets the VA's definition of disability. It is often helpful to have a lawyer collect the medical evidence and submit it as part of your initial application so that the VA will be able to process it faster.

Then, you have to pass an Compensation and Pension (C&P) examination. A federal VA rater will take this test. They will examine your physical and psychological symptoms in order to determine whether you are eligible for disability benefits. You must have all the required documentation to increase your chances of obtaining benefits.

You will receive a decision letter when the C&P examiner reviews your medical evidence and passes the examination. This will contain an introduction, a declaration of your disability classification and the specific amount, a list of the medical evidence they considered and a statement of any reasons they decided against you when they made their decision.

Our firm can assist you in completing the appeals process if your claim was denied or you've received a rating which does not compensate you adequately for the symptoms you are experiencing. We can assist you in appealing an appeal against a denial by preparing an extensive appeal.

What can I do to challenge a VA decision?

VA provides three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and decide if the original decision is based on difference of opinion or an error Veterans Disability that was made. This option is available to claimants who don't have any new evidence to support their claim. It can be completed in about 125 days.

The second option is to file a Supplemental Claim. This is an appeal where veterans can provide new evidence, but it needs to be original and relevant. It may also contain non-medical evidence, like lay statements. These are sworn statements by those who know how your disability affects you. This appeal must be filed within a year after the date of a decision.

Another option is to submit a formal appeal to 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 consideration, the laws and regulations used to reach the decision and the reasons 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 challenging option and may be costly, however it could be the only method to get the best possible outcome for your client.

What is the cost a lawyer will Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals process. They'll quickly determine what is missing from your claim to make it eligible for review and help you decide on the best way to appeal a decision. Analyzing the reasons for the denial, assisting you in making medical evidence to back your claim, and presenting the evidence in an appropriate way is all part of the job.

If a judge or a judge orders a disabled veteran pay alimony ordered by the court or child support, that veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a well-recognized law and there are penalties for ignoring an order of a court.

A recent settlement of a class action lawsuit may be a major victory for veterans disability law firms suffering from PTSD. Medical News Today reports the settlement will enable thousands of veterans who had previously been denied disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who had a stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know how his 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 he wonders what could be done to reduce the impact on his other sources of income.