Veterans Disability Litigation

A lawyer may help a veteran file an initial disability claim or contest an VA decision on the claim. But, the law in place today prohibits lawyers from charging fees for assistance with an initial claim.

Monk claims that the VA denied him benefits based on PTSD, and an unfavourable discharge. favorable. The VA offers a comprehensive appeals procedure to rectify any unfavorable decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is an application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to parents, spouses and children of deceased Service members while on active duty or due to their service-related disabilities.

The most straightforward condition to claim is Tinnitus (ringing in the ear). This condition occurs when you hear hissing, ringing, buzzing, or other sounds coming from one or both ears. The sound is only heard by you, and not to other people who have it.

Sciatica is among the most frequent conditions. Sciatica can occur when a herniated disk or bone spur causes compression of the sciatic nerve. This nerve is located in your lower spine to your buttocks, hips and down your legs. The numbness and pain can be felt in the buttocks, lower leg and feet and can be severe.

The 3rd most simple condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares or extreme anxiety or depression, or a recurring thought about an event that occurred during your military service. You can earn the PTSD rating that you are entitled to by making a compelling claim and citing a stressful incident that took place during your time of service. Traumatic head injuries are the fourth most straightforward condition to be considered for and usually comes with the PTSD diagnosis.

How do I file a claim for VA Disability?

There are several procedures to follow to file a claim. First, you need to submit medical evidence like a doctor's opinion, lab reports and X-rays to establish that your condition falls within the VA's definition of disability. It is often beneficial to have your lawyer collect and submit this medical evidence in your initial application so that it can be more easily processed by the VA.

Then, you have to pass the Compensation and Pension (C&P) examination. This is conducted by an official from the federal VA rater who will review your symptoms and physical condition to determine whether or not you qualify for disability benefits. You should have all the required documentation in order to increase your chances of obtaining benefits.

You will receive a letter of determination when the C&P examiner has reviewed your medical evidence and finishes the examination. This letter will contain an introduction, a determination of your disability, the amount of disability, a listing and a details of all medical evidence they considered as well as any reasons for their decision.

If your claim is denied or you receive an unjustified rating that doesn't compensate you for all of the conditions you suffer from, our firm will assist you in appealing the decision. We can help you appeal a denial of your claim by preparing a comprehensive appeal.

How Do I Challenge a VA Decision?

VA offers three options for claimants who disagree with the decision. First an Senior Reviewer will look over the same evidence and determine whether the original decision could change based on a difference of opinion or error. This is an option for those who don't have new evidence to provide. The process can be completed within one hundred and fifty days.

The second option is to submit a Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it must be relevant and new. It can also include nonmedical evidence, like lay statements. These are sworn statements by those who know how your disability affects. This type of appeal should 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 a VA Form 21-0958, also known as a Notice Of Disagreement. The regional office will draft an SOC (Statement of the case) after the appeal is filed. This will include a list of the evidence considered, the laws and regulations utilized in making the decision, as well as the reasons why the decision was favourable, unfavorable or indeterminate.

The final option is to appeal to a federal court in the event that the decision of the BVA is upheld. This is the most difficult path and is costly, but it is the only way to ensure the best possible outcome 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 is missing from your initial claim in order to qualify it to be reviewed and assist you in deciding the best method to appeal a decision. The job involves analyzing the reasons for the denial, helping you to develop medical evidence to support your claim and presenting the evidence in a professional manner.

If a court orders that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran cannot evade the order and continue to receive VA compensation benefits. This is a well-known 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 disability with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans who had previously been denied disability benefits.

Jim is a veteran of 58 years who suffered a stroke that caused him to be permanently disabled. He receives a pension from the VA, but also SSI and Medicaid payments. Jim is curious to know if his $100,000 settlement will affect his eligibility to receive these benefits. Jim understands 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.