Veterans Disability Litigation

A lawyer can assist veterans file a first disability claim or challenge the VA decision on the claim. However, current law prohibits lawyers from charging fees for assistance with the initial claim.

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

What is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation provides a cash payment to pay for things such as medical care and housing assistance. Dependency and Indemnity Compensation provides an amount of money to spouses, parents and children of service members who have passed away on active duty or as a result of service-related disabilities.

The most simple condition to establish is Tinnitus (ringing in the ear). This is a sign that manifests when you hear sounds ringing in your ears, hissing or buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is among the most frequently encountered conditions. Sciatica is a condition that occurs due to a herniated disc, or bone spur compresses the sciatic nerve. The sciatic nerve runs from the lower part of your 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 extremely.

Post Traumatic Stress (PTSD) is the third most common condition that you can qualify. It is a condition that occurs when you experience frequent nightmares, extreme anxiety or depression or uncontrollable thoughts about an event that happened in your military service. A convincing argument in support of the claim with a stressor that occurred during your service may help you get the PTSD rating you are entitled to. A traumatic head injury is the fourth condition that is easy to prove, and it usually comes with the PTSD diagnosis.

How do I make a claim for a VA Disability?

To file a claim, you must follow some steps. First, you must provide medical evidence, such as a doctor's opinion, lab reports and X-rays to prove that your condition is in line with the VA's definition of disability. It is often helpful for a lawyer to collect the medical evidence and include it in your initial application so that the VA can review it faster.

Then, you must undergo an examination for Compensation and Pensions (C&P). The exam will be conducted by a federal VA rater who will evaluate your physical and mental health to determine whether or not you are eligible for disability benefits. It is crucial to have the necessary documentation prior to undergoing this exam to maximize your chances of obtaining the benefits you deserve.

You will receive a letter of determination after the C&P examiner has reviewed your medical evidence and completes the exam. The letter will contain an introduction, the determining of your disability and amount, a list and description of all medical evidence that was reviewed, and any reasons for their decision.

Our firm can assist with the appeals process in case your claim has been denied or if you have received a rating which does not compensate you adequately for the issues you are experiencing. We can assist you in appealing a denial of your claim by preparing an extensive appeal.

What can I do to challenge a VA Decision?

VA offers three options to consider when a claimant disagrees with the 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 valid based on difference of opinion or an error that was made. This is an option for those who do not have new evidence to provide. The process can be completed within the 125 days.

The other alternative is to file a Supplemental Claim. This is an appeal process where a veteran can add new evidence, however it must be to be new and relevant. It could also include non-medical evidence, such as lay statements. These are sworn statements by those who know how your disability affects you. This appeal must be filed within one year after the date of a decision.

A third alternative is to submit a formal appeal to the Board of veterans disability lawsuits Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) when the appeal is filed. This will comprise a list of evidence considered, the regulations and laws used to arrive at the decision and the reasons for why the decision was favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court in the event that the decision of the BVA is confirmed. This is the most difficult path and is costly, but it is the only way to ensure the best possible outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals procedure. They'll quickly determine what is missing from your claim to make it eligible for review and help you determine the best way to appeal a decision. Reviewing the reasons for decision, assisting you in making medical evidence to back your claim, and presenting the evidence in a professional manner is all necessary steps.

If the court orders that disabled veterans pay child maintenance or alimony the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a well-known law and carries a penalty in the event of a violation of an order of a court.

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

Jim the veteran, who is 58 years old had a stroke that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing whether the $100,000 settlement will affect his eligibility for these benefits. Jim is aware that he must to prove that he is in need of the monthly pension payment, but he wonders how he can minimize the impact on his other income sources.