Veterans Disability Litigation

A lawyer may help northwoods veterans disability lawyer file a first disability claim or contest an VA decision regarding the claim. However, current law prevents lawyers from charging fees for assistance with an initial claim.

Monk claims that the VA denied his claim to benefits in the context of PTSD and an unfavorable discharge. The VA has a long appeals procedure to rectify any erroneous decisions.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is a request for tax-free monthly benefits. Compensation provides a cash payment to pay for things such as housing and medical expenses. 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 prove is Tinnitus (ringing in the ear). It is a symptom that occurs when you hear a ringing sound in your ears, the sound of hissing or buzzing sounds, or other sounds that you cannot hear them.

Sciatica is another one of the most common conditions to diagnose. Sciatica occurs when a herniated disk or bone spur compresses the sciatic nerve. This nerve is located in your lower spine, through your buttocks and hips and down your legs. The pain and numbness are felt in the buttocks and lower legs as well as the feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third easiest condition to be able to qualify for. This is when you experience repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event that happened in your military service. You can achieve the PTSD rating that you are entitled to by making a compelling claim and citing a stressful event that took place during your time of service. Traumatic head injuries are the fourth condition that is easy to get a rating for and is typically associated with an PTSD diagnosis.

How do I make a claim for a VA Disability?

There are many steps to be followed to make an application. You must first provide medical evidence, such as a doctor’s opinion or lab results, as well as X-rays, to prove that your condition is within VA's definition of disability. It's often helpful to have your lawyer gather and submit this medical evidence as part of the initial filing to ensure that it is easier to process by the VA.

You must then undergo an examination for Compensation and Pensions (C&P). A federal VA rater will conduct this test. They will look at your symptoms and physical condition to determine if you qualify for disability benefits. You must have all the necessary documentation to increase your chances of receiving benefits.

After the C&P examiner has assessed the medical evidence you submitted and has completed the examination and analyzed your medical evidence, you will receive a decision letter. The letter will include an introduction, a declaration of your disability classification and the specific amount, a list of the medical evidence they reviewed and a description of the reasons why they decided against the decision.

If your claim is rejected or you are awarded a rating that doesn't cover all of the symptoms that you are suffering from, our firm will help with the appeals process. We can help you appeal a denial of your claim through the preparation of a comprehensive appeal.

How can I contest a VA decision?

VA has three avenues to choose from when a person is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence and determine if the original decision is valid based on difference of opinion or an error made. This is a good alternative for a claimant who has no new evidence to present and it can be completed within 125 days.

Then, you can make an Supplemental Claim. It is an appeal in which the veteran can provide additional evidence, but it has to be new and relevant. It can also be accompanied by non-medical evidence such as lay statements (sworn statements from those who understand how your disability affects you). This appeal must be filed within one year after a decision.

Another option is to submit a formal appeal to the Board of kittanning veterans disability lawsuit Appeals. This is done by submitting an VA Form 21-0958 or a Notice of Disagreement. The regional office will draft an SOC (Statement of the Case) after the appeal is filed. It will listing of the evidence that was considered, the laws and regulations utilized to reach the decision and the reasons for why the decision was favorable, unfavorable or indeterminate.

If the BVA decision is affirmed then the only option left is to appeal the decision to a federal appeal court. This is the most difficult path and is costly, but it is the only method to get the best possible outcome for your client.

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

A veteran disability lawyer can assist to clarify the appeals process. He or she will quickly determine what is missing from your claim, making it eligible to be reviewed and assist you in deciding the best way to appeal a decision. The task involves analyzing the reasons for denial, helping you develop medical evidence to support your claim and presenting your evidence in a way that is appropriate.

If a court decides that a disabled veteran must pay alimony, alimony that was ordered by a court, or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are consequences if you violate an order of a court.

A recent settlement of a class action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously were denied disability benefits from receiving lifetime benefits.

Jim is a veteran of 58 years had a stroke that made him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim would like to know the impact of his $100,000 settlement on his affect his eligibility for these benefits. Jim realizes that he has to prove that he is in need of the monthly pension payment, but he's wondering how he could minimize the impact on other income sources.