Veterans Disability Litigation

Lawyers can assist veterans file an initial disability claim or contest the VA decision regarding the claim. At present, lawyers aren't permitted to charge for initial claims.

Monk alleges that the VA denied his claims for benefits due to PTSD and an unfavorable discharge. The VA has a long appeals procedure to rectify any erroneous determinations.

What is a VA Disability Claim?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is a cash benefit to cover things like housing and medical treatment. Dependency and Indemnity Compensation (DIC) offers financial assistance to parents, spouses, and children of deceased Service members during active duty or through service-related injuries.

Tinnitus is by far the most common disability. This is a symptom that occurs when you hear a ringing in your ears, the sound of hissing or buzzing sounds, or other sounds that you cannot hear them.

Sciatica is one of the most frequently encountered conditions. It is caused by an injury to the disk or bone spur puts pressure on the sciatic nerve which runs from your lower back through your buttocks and hips, and down each leg. Lower legs and buttocks can be affected by the discomfort and numbness.

The third most straightforward condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares, extreme anxiety or depression, or an uncontrollable thoughts of an incident that took place during your military service. A strong statement in support of the claim by citing a stressor that occurred during your service can help you receive the PTSD rating you deserve. A head injury that is traumatic is the fourth most straightforward condition to qualify for, and it usually comes with a PTSD diagnosis.

How do I make a claim for a VA Disability?

There are several procedures to follow to make an application. You must first provide medical evidence, such as a doctor’s opinion and lab results, or X-rays to prove that your condition falls within VA's definition of disability. It's usually beneficial to have your lawyer collect the medical evidence in the initial filing to ensure that it is more easily processed by the VA.

The next step is to take a Compensation and Pension (C&P) exam. The exam will be conducted by a federal VA rater who will review your physical and psychological symptoms to decide whether or not you are eligible for disability benefits. You should have all the documentation required in order to maximize your chances of receiving benefits.

You will receive a letter of decision once the C&P examiner has reviewed your medical evidence and finishes the exam. This letter will contain an introduction, a determination of your disability, the amount, a list and description of all medical evidence that was considered and the reasons behind their decision.

Our firm is able to assist with the appeals process in case your claim was denied or if you have received a rating which doesn't adequately compensate you for the ailments you're experiencing. We can assess why your claim was denied and then prepare a thorough and strategic appeal to resolve the matter in your favor.

How do I challenge a VA Decision?

VA offers three options to those who are dissatisfied with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and determine whether the original decision is because of a difference of opinion or an error made. This is an excellent alternative for a claimant who has no new evidence to present and can be completed in one hundred and fifty days.

The second option is to make an Supplemental Claim. It is an appeal where veterans can add new evidence, but it has to be relevant and new. It could also include non-medical evidence, like lay statements. These are statements that are sworn from people who are aware of how your disability affects. This type of appeal must be filed within one year after a decision.

Thirdly, you can make a formal complaint to the Board of loves park veterans disability lawyer Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will prepare a Statement of the Case or SOC which will identify what laws and regulations were used to reach the decision, along with a list of evidence considered and it will describe the reasons for the decision as either favorable, unfavorable or indeterminate.

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

How much will a lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals procedure. They can quickly determine what was missing from your initial claim to allow it to be reviewed and help you decide the best method to appeal a decision. Reviewing the reasons for denial, helping you in creating medical evidence to support your claim, and presenting the evidence in a way that is appropriate are all part of the job.

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

A recent settlement of a class action lawsuit could be a significant win for veterans with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a number of brigantine veterans disability attorney who had previously been denied disability benefits.

Jim the veteran, who is 58 years old was struck by a stroke and rendered him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim wants to know what the expected $100,000 settlement will affect his ability to receive these benefits. Jim recognizes that he must demonstrate that he is financially in need to continue receiving the monthly pension payment, but is wondering what can be done to reduce the impact on other sources of income.