Veterans Disability Litigation

A lawyer can help a veteran to start a claim for disability or to challenge the validity of a VA decision. However, the law currently prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied his claim for benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure to rectify any unfavorable determinations.

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

A VA disability claim is a request for monthly benefits that are tax-free. Compensation offers a cash reward to cover expenses such as medical care and housing assistance. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to spouses, children and parents of Service members who died while on active duty, or due to their service-related disabilities.

Tinnitus is among the top most frequent ailment. This is a symptom that occurs when you hear sounds ringing in your ears, hissing or buzzing sounds, or other sounds, but only you can hear them.

Sciatica is among the most frequent conditions. Sciatica occurs when a herniated disc or bone spur causes compression of the sciatic nerve. This nerve is located in your lower spine, through your buttocks, hips and down your legs. Numbness and pain are felt in the buttocks and lower legs as well as the feet, and can be very severe.

The 3rd most simple condition to be eligible for is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience constant nightmares, extreme anxiety, depression or uncontrollable thoughts about a specific event that happened in your military service. You can achieve the PTSD rating that you merit by making a solid claim and citing a stressful event that took place during your time of service. A head injury that is traumatizing is the fourth most common condition to prove and usually comes with an PTSD diagnosis.

How Do I File a claim for VA Disability?

In order to file a claim, you'll need to go through some steps. You must first submit medical evidence, like medical opinion from a physician and lab results, or X-rays to prove that your condition meets VA’s definition of disability. It's usually beneficial to have your lawyer collect the medical evidence and submit it as part of your initial application so that it can be easier to process by the VA.

You will then have to undergo an exam for Compensation and Pensions (C&P). A federal VA rater will perform this test. They will assess your physical and mental health in order to determine if you are eligible for disability benefits. It is crucial to have the required documentation prior to taking the exam so that you can maximize your chances of receiving the benefits you deserve.

After the C&P examiner has examined the medical evidence you submitted and has completed the examination, you will receive an official decision letter. This letter will contain an introduction, a determination of your disability, the amount, a list and the description of all medical evidence they considered and the reasons behind their decision.

Our firm is able to assist in the appeals process if your claim was denied or you have received a rating which doesn't adequately compensate you for the ailments you're experiencing. We will determine the reason for the reasons for your claim being denied and craft a comprehensive and strategic appeal to resolve the issue in your favor.

How Do I Challenge a VA Decision?

VA has three routes to follow when a claimant disagrees with a decision. First the Senior Reviewer will review the same evidence and determine whether the original decision could be changed due to a change of opinion or error. This is a viable alternative for a claimant who doesn't have new evidence to submit and it can be completed within 125 days.

The other alternative is to submit a Supplemental Claim. It is an appeal where south amboy veterans disability lawyer can add new evidence, but it has to be relevant and new. It can also be accompanied by non-medical evidence such as lay statements (sworn statements of people who are aware of how your disability affects you). This type of appeal must be filed within one year after the date of a decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This is done by filing a VA Form 21-0958, a Notice of Disagreement. After the appeal has been filed, Vimeo the regional office will draft a Statement of Case or SOC that will outline the laws and regulations used to make the decision, along with a list of the evidence taken into consideration and will explain the reasons for the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed and the BVA decision is upheld, the last option is to take the case to a federal appeals court. This is the most difficult route and may be costly, however it is the only option to obtain an equitable outcome for your client.

What is the average amount a lawyer can charge for an appeal?

A veteran disability lawyer can help to clarify the appeals procedure. He or she will quickly identify what is lacking from your claim, making it eligible to be reviewed and help you decide on the best method to appeal a decision. The job entails analyzing the reasons behind the denial, helping you to develop medical evidence to support your case, and presenting the evidence in a correct manner.

If a judge requires a disabled veteran to pay alimony ordered by the court or child support, that veteran isn't allowed to ignore the order and continue to collect VA compensation benefits. This is a well-recognized law and there are penalties for ignoring the order of a judge.

A recent settlement of a class action lawsuit may be a major win for veterans with PTSD. Medical News Today reports the settlement will enable thousands of veterans who were previously not eligible for disability benefits to receive lifetime benefits.

Jim an 58-year-old veteran 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 would like to know what the expected $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he needs to prove that he has the financial need to continue receiving the monthly pension payment but wonders what can be done to reduce the impact on other sources of income.