paulsboro veterans disability lawyer Disability Litigation

A lawyer can assist a veteran to start a claim for disability benefits or contest an VA decision. In the present, lawyers aren't allowed to charge fees for initial claims.

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

What Is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is an income-based benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) offers an amount of money to spouses, children and parents of deceased Service members while on active duty or from service-related disabilities.

The most common condition to prove is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear a ringing, hissing buzzing or other sounds in the ear of one or both and can only be heard by you, and not to others who also suffer from it.

Sciatica is one of the most common ailments. It happens when a herniated disk or bone spur puts pressure on the sciatic nerve which runs from your lower back to your buttocks and hips, and down each leg. The buttocks and lower legs are susceptible to being affected by pain and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to qualify. You may have frequent nightmares or extreme anxiety depression, or uncontrollable thought of an incident that took place during your military service. A strong statement in support of the claim using the stressor that occurred during your service may help you to get the PTSD rating you merit. Traumatic head injuries are the fourth easiest condition to prove and is usually associated with the PTSD diagnosis.

How do I file a claim for VA Disability?

There are a variety of steps to be followed to start an application. You must first provide medical evidence, including medical opinion from a physician or lab results, as well as X-rays to prove that your condition is within VA's definition of disability. It is usually beneficial to get a lawyer to gather the medical evidence and then submit it with your initial application so that the VA can process it faster.

You then need to go through an exam for Compensation and Pensions (C&P). A federal VA rater will conduct this exam. They will assess your symptoms and physical condition in order to determine if you're eligible for disability benefits. You must have all the required documentation to maximize your chances of obtaining benefits.

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

If your claim is denied or you receive a rating that doesn't provide you with all the symptoms that you are suffering from, our company can assist you in appealing the decision. We can assess why your claim was denied and draft a thorough and strategic appeal that will resolve the issue in your favor.

What can I do to challenge a VA decision?

VA offers three options to those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and determine whether the original decision could be modified based on difference of opinion or an error that was made. This option is available to applicants who don't have new evidence to support their claim. The process can be completed within about 125 days.

Second, you can file an Supplemental Claim. It is an appeal where 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 statements that are sworn by people who understand how your disability affects. This type of appeal must be submitted within one year after a decision.

Thirdly you can make a formal complaint to the Board of Veterans Appeals. This is done by filing an VA Form 21-0958, also known as a Notice Of Disagreement. The regional office will draft an SOC (Statement of the Case) when the appeal is filed. This will include a list evidence that was taken into consideration, the laws and regulations that were used to reach the decision and the reasons for why the decision was favorable, unfavorable or indeterminate.

If the BVA decision is upheld then the only option left is to appeal the decision to a federal appeal court. This is the most difficult and expensive route, but it might be the only way to get a fair outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A skilled veteran disability lawyer can help you understand the appeals process. He or she will quickly determine what is missing from your initial claim to make it eligible for review and will assist you in choosing the most effective method to appeal the decision. The job includes examining the reasons for denial, assisting you in preparing medical evidence to back your case and presenting the evidence in a correct manner.

If the court orders that a disabled veteran pay alimony or child maintenance the veteran is not able to ignore the order and continue receive VA compensation benefits. This is a widely-recognized law, and there are penalties in the event of a violation of a court order.

A recent settlement in a class-action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will enable thousands of Victorville veterans disability attorney [https://vimeo.com/709863135] who had previously been not eligible for disability benefits to receive lifetime benefits.

Jim, a 58-year-old veteran who suffered a stroke that made him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing whether his $100,000 settlement will affect the ability to receive these benefits. Jim realizes that he has to prove that he's in need of the monthly Pension payment, but he is wondering what he can do to minimize the impact on other income sources.