Veterans Disability Litigation

A lawyer can assist a veteran file an initial disability claim or challenge an VA decision on the claim. However, current law prevents lawyers from charging 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 offers a comprehensive appeals procedure to rectify any erroneous decisions.

What is a VA Disability Claim (VAD)?

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 provides cash payments to spouses, parents and children of Service members who died on active duty or as a result of service-related injuries.

The most straightforward condition to prove is Tinnitus (ringing in the ear). This is a sign that occurs when you hear a ringing in your ears, hissing, buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is one of the most frequently encountered conditions. Sciatica can occur due to a herniated disc, or bone spur can compress the sciatic nerve. This nerve is located in your lower spine, through your hips, buttocks, and down your legs. The numbness and pain can be felt in the buttocks, lower legs and feet. It can be extremely.

Post Traumatic Stress (PTSD) is the third most common condition that you can be eligible for. This occurs when you experience recurring nightmares, extreme anxiety, depression or uncontrollable thoughts about a specific event which occurred during your military service. You can earn the PTSD rating that you merit by making a solid claim and citing an event that happened during your service. A traumatic brain injury is the easiest condition to be eligible for and typically comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

There are a variety of procedures to follow to make an claim. You must first submit medical evidence, including the opinion of a doctor and lab results, or X-rays to prove that your condition falls within VA's definition of disability. It is generally beneficial to have a lawyer gather this medical evidence and submit it with your initial application so that the VA can review it more easily.

Then, you must undergo an exam for Compensation and Pensions (C&P). A federal VA rater will conduct this exam. They will assess your physical and psychological symptoms to determine if you're eligible for disability benefits. It's crucial to have appropriate documentation prior to taking this exam to maximize your chances of receiving the benefits you deserve.

You will receive a decision letter after the C&P examiner has reviewed your medical evidence and passes the exam. This letter will include an introduction, the decision of your impairment and the amount of disability, a listing and a details of all medical evidence they considered and the reasons for their decision.

If your claim is denied or you are awarded a rating that doesn't compensate you for all of the conditions you suffer from, our company can assist with the appeals process. We can determine the reasons behind the reason for the denial and then prepare a thorough and strategic appeal to end the matter in your favor.

How do I challenge a VA decision?

VA offers three options to take when a claimant disagrees with a decision. First an Senior Reviewer will examine the same evidence and determine if the original decision can alter based on a divergence of opinion or an absence. This is a great option for a claimant who doesn't have new evidence to provide and can be completed within one hundred and fifty days.

You can also submit a Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be new and relevant. It may also contain non-medical evidence, such as lay statements. These are sworn statements by those who know how your disability affects. This type of appeal should be filed within one year of a decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will draft a Statement of Case or SOC which will detail the laws and regulations that were used in reaching the decision, a list of evidence that was taken into consideration and will explain why the decision was made as either favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most challenging option and may be costly, however it could be the only way to get a fair result for your client.

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

A veteran disability lawyer can help to clarify the appeals procedure. He or she can quickly determine what was lacking from your initial claim to be eligible for review and will assist you in choosing the most effective method to appeal a decision. Scrutinizing the reasons for the rejection, and assisting you with preparing medical evidence to support your claim, and presenting this evidence in a way that is appropriate are all necessary steps.

If the court orders that disabled highland heights veterans disability lawyer pay alimony or child maintenance, the veteran cannot ignore this order and vimeo.com continue receive VA compensation benefits. This is a widely recognized law and there are consequences when you do not comply with an order of a court.

A recent settlement in a class-action lawsuit could be a significant victory for veterans with 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 58-year old veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he needs to show that he is in need of the monthly pension payment, but he is wondering how he can minimize the impact on his other income sources.