pleasanton veterans disability lawsuit Disability Litigation

A lawyer can help gladstone veterans disability attorney make an initial claim for disability or to contest an VA decision. Lawyers are currently not allowed to charge for the initial claims.

Monk claims that the VA denied benefits due to PTSD and the discharge was not favorable. The VA has a lengthy appeals process for rectifying any decisions that are not in the best interest of the public.

What Is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation (DIC) provides an amount of money to parents, spouses, and children of deceased Service members while on active duty or due to their service-related disabilities.

The most common condition to establish is Tinnitus (ringing in the ear). It is a condition that manifests when you hear a ringing sound in your ears, hissing or buzzing sounds, or other sounds that you cannot hear them.

Sciatica is one of the most common ailments. Sciatica occurs when a herniated disk or bone spur compresses the sciatic nerve. The sciatic nerve runs from your lower spine to your buttocks, hips, and down your legs. Lower legs and buttocks may be affected by discomfort and feeling of numbness.

The easiest condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). This occurs when you experience frequent nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event that took place during your military service. A convincing proof of the claim using the source of the stressor in the course of service can help achieve the PTSD rating you are entitled to. A traumatizing brain injury is the 4th most common condition to qualify for and is usually associated with an PTSD diagnosis.

How do I file a claim for VA Disability?

There are many steps to follow to start a claim. You must first present medical evidence, such as a doctor’s opinion and lab results, or the X-rays that prove your condition falls within VA's definition of disability. It is generally beneficial to get a lawyer to gather this medical evidence and submit it with your initial application so that the VA can process it faster.

Then, you must undergo an examination for Compensation and Pensions (C&P). A federal VA rater will administer the exam. They will evaluate your symptoms and physical condition in order to determine if you are eligible for disability benefits. You should have all the required documentation in order to maximize your chances of obtaining benefits.

Once the C&P examiner has reviewed the medical evidence you submitted and has completed the exam, you will receive an official decision letter. The letter will include an introduction, a decision of your disability rating and specific amount, a list of the medical evidence they considered and a statement of any reasons they decided against the decision.

If your claim is denied or you receive a rating that does not cover all of the issues you suffer from, our company can help with the appeals process. We can help you appeal a denial of your claim by preparing a comprehensive appeal.

What can I do to challenge a VA decision?

VA offers three options to consider when a claimant is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and determine whether the original decision could be modified based on difference of opinion or an error that was made. This is a great alternative for a claimant who has no new evidence to present and it can be completed in 120 days.

The other alternative is to make a Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it must be relevant and new. It may also contain non-medical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects you. This appeal must be filed within one year following a decision.

A third alternative is to make a formal appeal to the Board of Veterans Appeals. This is done by filing a VA Form 21-0958, also known as a Notice of Disagreement. The regional office will prepare an SOC (Statement of the case) after the appeal is filed. It will list of the evidence taken into consideration, the laws and regulations used to reach the decision and the reasons behind why the decision was favorable, unfavorable or indeterminate.

If the BVA decision is affirmed in the end, the only alternative is to appeal the decision to a federal appeal court. This is the most difficult route and is costly, but it is the only way to get a fair result for your client.

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

A veteran disability lawyer can help to clarify the appeals process. He or she can quickly identify what was missing from your initial claim in order to qualify it for review and will assist you in deciding the best method to appeal the decision. Scrutinizing the reasons for the rejection, and assisting you with making medical evidence to back your claim, and presenting the evidence in a proper manner are all aspects of the job.

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

A recent settlement in a class-action lawsuit could be a significant victory for vernal Veterans disability lawsuit with 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, a 58-year-old veteran had a stroke that left him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim would like to know if his $100,000 settlement will affect the ability to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he is wondering how he can reduce the impact on his other income sources.