Veterans Disability Litigation

A lawyer may help a veteran file an initial disability claim or challenge a VA decision on the claim. However, the law currently prohibits lawyers from charging for assistance with an initial claim.

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 unfavorable decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is cash benefits that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation provides the parents, spouses and children of Service members who died on active duty or due to disabilities related to service.

Tinnitus is the #1 most common disability. This condition occurs when you hear hissing, ringing, buzzing, or other sounds coming from either or both ears. It can only be heard by you, as opposed to other people who have it.

Sciatica is one of the more common conditions to be diagnosed with. It can occur when an injured disk or bone spur compresses the sciatic nerve, which runs from your lower back to your buttocks, hips and down each leg. The buttocks and lower legs may be affected by discomfort and the numbness.

The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares or extreme anxiety depression, or a recurring thought about an event that occurred during your military service. You can obtain the PTSD rating that you deserve by making a convincing claim and citing a stressful event that took place during your time of service. A head injury that is traumatic is the fourth most straightforward condition to be considered for and is typically associated with a PTSD diagnosis.

How do I make a claim for a VA Disability?

There are many steps that must be taken to start an application. First, you need to submit medical evidence such as a doctor's opinion, lab reports and X-rays to prove that your condition is in line with the VA's definition of disability. It's often helpful to have your lawyer gather and submit this evidence in your initial application to ensure that it is more easily processed by the VA.

The next step is to take another Compensation and Pension (C&P) examination. This will be performed by an federal VA rater who will examine your physical and psychological symptoms to decide whether or not you are eligible for disability benefits. You should have all the necessary documentation in order to increase your chances of receiving benefits.

After the C&P examiner has looked over the medical evidence you submitted and has completed the exam, you will receive an official decision letter. This will contain an introduction, a determination of your disability status and the specific amount, a list of the medical evidence they reviewed and a description of the reasons they ruled against the decision.

If your claim is rejected or you are awarded an amount that does not provide you with all the symptoms that you are suffering from, our firm will assist in the appeals process. We can assist you in appealing an appeal against a denial by preparing a comprehensive appeal.

How do I challenge a VA Decision?

VA provides three options to those who are dissatisfied with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and decide if the original decision can be changed because of a difference of opinion or an error made. This is a possibility for those who do not have new evidence to prove. It can be completed within one hundred and fifty days.

The second alternative is to file an Supplemental Claim. This is an appeal in which an individual with a disability can submit new evidence, however it must be to be fresh and relevant. It could also include non-medical evidence such a lay statements (sworn statements from people who understand how your disability affects you). This type of appeal must be filed within one year following the decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This involves filing a Notification 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 describe the laws and regulations that were used to reach the decision, along with a list of evidence that was considered, and it will also explain the reasons behind the decision as either favorable, Vimeo.com unfavorable or indeterminate.

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

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

A skilled veteran disability lawyer can help you understand the appeals process. They'll quickly determine what is missing from your claim, making it eligible for review and assist you in deciding the best way to appeal a decision. The job entails analyzing the reasons for the denial, helping you to develop medical evidence to support your claim, and presenting the evidence in a way that is appropriate.

If an order from a court requires that disabled veterans 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 in the event of a violation of a court order.

A recent settlement of a class action lawsuit could be a major win for highland park veterans disability lawsuit with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of veterans who were previously denied disability 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 SSI and Medicaid payments. Jim wants to know whether the $100,000 settlement will affect his eligibility for these benefits. Jim knows that he needs 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.