veterans disability lawsuits Disability Litigation

A lawyer can help veterans start a claim for disability or contest an VA decision. However, current law prevents lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA denied his claims for benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals process to fixing any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers financial assistance to parents, spouses, and children of Service members who died while on active duty or through service-related injuries.

Tinnitus is among the top most frequently reported disorder. This is a sign that occurs when you hear a ringing sound in your ears, hissing, buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is another of the easier conditions to qualify for. Sciatica can occur when a herniated disc bone spur puts pressure on the sciatic nerve. The sciatic nerve is located in your lower spine through your buttocks and hips and down your legs. The numbness and pain are felt in the buttocks and lower legs as well as the feet, and can be very severe.

The easiest condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety, depression, or uncontrollable thought about an event that occurred during your military service. A convincing argument in support of the claim using the stressor that occurred in the course of service can help receive the PTSD rating you deserve. A traumatic brain injury is the most simple condition to be eligible for and usually accompanies an PTSD diagnosis.

How do I file a claim for VA Disability?

To file a claim, you'll need to go through certain steps. First, you must submit medical evidence, such as an opinion from a doctor or lab report, as well as X-rays to prove that your condition falls within the VA's definition of disability. It's often helpful to have your lawyer collect the medical evidence as part of your initial application to ensure that it is more easily processed by the VA.

You then need to go through an examination for Compensation and Pensions (C&P). This will be performed by a federal VA rater who will review your physical and mental health to determine whether or not you qualify for disability benefits. You should have all the documentation required to maximize your chances of obtaining benefits.

You will receive a letter of decision when the C&P examiner reviews your medical evidence and completes the exam. It will include an introduction, a decision of your disability rating and the specific amount, a list of the medical evidence they considered and a description of the reasons why they decided against you in deciding.

Our firm can help you with the appeals procedure if your claim was denied or if you have received a rating that is not enough to compensate you for the conditions you are experiencing. We will determine the reason for why your claim was denied and prepare a comprehensive and strategic appeal to settle the issue in your favor.

How can I challenge a VA decision?

VA has three avenues to choose from when a person disagrees with the decision. First the Senior Reviewer will review the same evidence to determine whether the original decision could be changed due to a change of opinion or absence. This is a possibility for those who don't have new evidence to prove. It can be completed in one hundred and fifty days.

Then, you can make an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it has to be relevant and new. It can also include non-medical evidence such a lay statements (sworn declarations from people who know how your disability affects you). This type of appeal must be filed within one year from the date of a decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958 and a Notice of Disagreement. The regional office will draft an SOC (Statement of the Case) when the appeal has been filed. It will list of evidence taken into consideration, the laws and regulations used to arrive at the decision and the reasons behind why the decision was favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court in the event that the decision of the BVA is confirmed. This is the most difficult option and is costly, but it could be the only way to get an appropriate outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A skilled veteran disability attorney can help you understand the appeals process. They will quickly determine what is missing from your claim to make it eligible for review and help you decide on the best way to appeal a ruling. The job includes examining the reasons behind refusal, helping you create medical evidence to support your case and presenting your evidence in a proper way.

If the court orders disabled veterans disability law firm pay child maintenance or alimony and child maintenance, the veteran cannot evade the order and continue to receive VA compensation benefits. This is a well-known law and carries a penalty if you violate an order of a court.

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 disability Law Firms who had previously been denied disability benefits to receive lifetime benefits.

Jim is a 58-year veteran who had an injury to the brain that left him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim is interested in knowing how his 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 he is wondering what can be done to reduce the impact on his other sources of income.