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Veterans Disability Litigation

A lawyer can help veterans file a first disability claim or contest an VA decision regarding the claim. But, the law in place today prohibits lawyers from charging for assistance with a claim for the first time.

Monk claims that the VA denied his claim for benefits because of PTSD and an unfavorable discharge. The VA has an extensive appeals process for making amends to any decision that is not favorable.

What is an VA Disability Claim (VAD)?

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

Tinnitus is the #1 most frequent ailment. This is a symptom that can be experienced when you hear sounds ringing in your ears, hissing, buzzing sounds, or other sounds that are only able to hear them.

Sciatica is among the most frequent conditions. It happens when a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back through your hips and buttocks and down each leg. 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 able to qualify for. It's when you have constant nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event that took place during your military service. You can obtain the PTSD rating 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 condition that is easy to qualify for and usually comes with an PTSD diagnosis.

How do I submit a claim for VA Disability?

To file a claim, you must follow some steps. First, you must provide medical evidence, such as medical opinions, lab reports and X-rays to establish that your condition is within the VA's definition of disability. It is a good idea to have a lawyer gather this evidence medically and provide it as part of your initial application, so that the VA will be able to process it more easily.

You then need to go through an exam called Compensation and Pensions (C&P). A federal VA rater will take the exam. They will look at your physical and mental health in order to determine whether you are eligible for disability benefits. It is crucial to have the appropriate documentation prior to taking this exam to maximize your chances of obtaining the benefits you deserve.

You will be issued a letter of decision once the C&P examiner has reviewed your medical evidence and completes the exam. It will include an introduction, a declaration of your disability status and specific amount, a list of the medical evidence they considered and a description of the reasons why they did not choose the decision.

If your claim is denied or you are awarded a rating that doesn't provide you with all the ailments you are suffering from, our firm will assist with the appeals process. We can determine the reasons behind why your claim was denied and then prepare a thorough and strategic appeal to settle the matter in your favor.

How can I challenge a VA decision?

VA offers three options for those who are dissatisfied with the decision. First the Senior Reviewer will look over the same evidence and determine whether the initial decision could change based on a difference of opinion or error. This is a possibility for those who don't have new evidence to prove. The process can be completed in one hundred and fifty days.

The other alternative is to make an Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it must be relevant and new. It may also contain non-medical evidence like lay statements (sworn statements from people who understand how your disability affects you). This appeal has to be filed within a year after the date of a decision.

Thirdly, you can make a formal complaint to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958 or a Notice of Disagreement. The regional office will prepare an SOC (Statement of the Case) when the appeal is filed. This will contain a list evidence that was considered, as well as the regulations and laws used to arrive at the decision and the reasons for why the decision was favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision of the BVA is upheld. This is the most expensive and difficult path, but it may be the only way to get a fair outcome for your client.

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

A veteran disability lawyer can assist to clarify the appeals process. He or she will quickly determine what is missing from your initial claim in order to qualify it for review. He or she will help you determine the best method to appeal an appeal. The task involves analyzing the reasons for refusal, helping you create medical evidence to support your claim, and presenting the evidence in a way that is appropriate.

If a court orders that disabled veterans disability lawyer pay child maintenance or alimony the veteran is not able to ignore this order and continue receive VA compensation benefits. This is a well-recognized law and there are consequences for breaking a court's order.

A recent settlement in a class-action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will result thousands of veterans who were previously not eligible for disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who suffered an injury to the brain that left him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim wants to know how the anticipated $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly Pension payment, but is wondering what can be done to reduce the impact on his other sources of income.