Veterans Disability Litigation

A lawyer can assist a veteran to file an initial claim for disability, or challenge a VA decision. Currently, lawyers are not allowed to charge fees for initial claims.

Monk claims that the VA denied benefits due to PTSD, and a discharge that was not favorable. The VA has a lengthy appeals process to correct any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation provides a cash payment to pay for things such as medical care and housing assistance. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to spouses, children and parents of deceased Service members in active duty or from their service-connected disabilities.

Tinnitus is the #1 most frequently reported disorder. This is a sign that occurs when you hear a ringing in your ears, a hissing sound, buzzing sounds, or any other sounds however, Vimeo you are unable to hear them.

Sciatica is another of the easier conditions to be diagnosed with. Sciatica occurs when a herniated disc or bone spur puts pressure on the sciatic nerve. The sciatic nerve is located in your lower spine through your buttocks, hips, and down your legs. The lower and buttocks are susceptible to being affected by discomfort and the numbness.

The 3rd most simple condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). It's when you have repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about a specific event that happened in your military service. You can obtain the PTSD rating you merit by making a solid claim and citing a stressful incident that happened during your service. Traumatic head injuries are the fourth condition that is easy to get a rating for and is typically associated with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

In order to file a claim, you need to follow certain steps. First, you must submit medical evidence, including an opinion from a doctor, lab results and X-rays, to show that your condition is within VA's definition of disability. It's usually helpful to have your lawyer collect the medical evidence in your initial application so that it can be easier to process by the VA.

You then need to go through an examination for Compensation and Pensions (C&P). This is conducted by an federal VA rater who will assess your symptoms and physical condition to determine if you are eligible for disability benefits. It is crucial to have the required documentation prior to taking the test so that you maximize your chances of obtaining the benefits you deserve.

You will receive a letter of determination once the C&P examiner has reviewed your medical evidence and finishes the examination. This letter will include an introduction, the decision of your disability, the amount, a list and details of all medical evidence that was considered, and any reasons for their decision.

If your claim is rejected 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 will determine the reason for the reason your claim was denied and draft a thorough and strategic appeal to end the issue to your satisfaction.

How do I challenge a VA decision?

VA offers three options to those who are dissatisfied with the decision. First a Senior Reviewer can review the same evidence to determine whether the original decision could be changed due to a change of opinion or an absence. This is an option for applicants who don't have new evidence to prove. It can be completed within the 125 days.

You can also submit a Supplemental Claim. It is an appeal in which an individual with a disability can submit new evidence, but it has to be relevant and new. It can also include nonmedical evidence, like lay statements. These are sworn statements by people who understand the way your disability affects. This type of appeal should be filed within one year of a decision.

A third option is to make a formal appeal to the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will prepare an Statement of the Case or SOC which will detail the laws and regulations used to make the decision, as well as a list of the evidence considered and it will describe the reasons for 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 challenging option and is costly, but it could be the only option to obtain an appropriate outcome for your client.

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

A skilled veteran disability lawyer will help you understand the appeals process. He or she will swiftly determine what is missing from your claim, making it eligible for review and help you decide on the best method to appeal a decision. Analyzing the reasons for the decision, assisting you in making medical evidence to back your claim, and presenting your evidence in an appropriate way are all part of the job.

If a court orders that a disabled veteran pay child maintenance or alimony the veteran is not able to ignore this order and continue receive VA compensation benefits. It is a widely accepted law and carries a penalty when you do not comply with the court order.

A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands of highland veterans disability lawyer who previously were denied disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who had a stroke which left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know if his $100,000 settlement will affect the ability to receive these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly Pension payment, but is wondering what can be done to minimize the impact on other sources of income.