Veterans Disability Litigation

A lawyer can help veterans disability litigation file an initial claim for disability or to challenge a VA decision. But, the law in place today prohibits lawyers from charging for assistance in filing an initial claim.

Monk claims that the VA denied him benefits based on PTSD, and an unfavourable discharge. favorable. The VA has an extensive appeals process for fixing any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for tax-free monthly benefits. Compensation is an unpaid benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation provides an amount of money to spouses, parents and children of service members who have died on active duty or as a result of service-related injuries.

The most common condition to be diagnosed with is Tinnitus (ringing in the ear). It is a symptom that can be experienced when you hear a ringing in your ears, a hissing sound, buzzing sounds, or other sounds, but only you can hear them.

Sciatica is one of the most common ailments. Sciatica occurs due to a herniated disc, or bone spur compresses the sciatic nerve. This nerve is located in your lower spine through your hips, buttocks, and down your legs. The pain and numbness are felt in the buttocks, lower legs, and feet and can be severe.

The most common condition you can be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety, depression, or a recurring thought about an incident that happened during your military service. A convincing defense of the claim by citing a stressor that occurred during service can help you to get the PTSD rating you deserve. A traumatic head injury is the fourth most common condition to get a rating for and is typically associated with the PTSD diagnosis.

How do I file a claim for VA Disability?

To file a claim you'll need to follow some steps. First, you must submit medical evidence like a doctor's opinion or lab report, as well as X-rays to prove that your condition is within the VA's definition of disability. It is usually beneficial to have a lawyer gather this evidence medically and submit it with your initial application, Veterans Disability Litigation so that the VA can process it faster.

You then need to go through an exam for Compensation and Pensions (C&P). The exam will be conducted by a federal VA rater who will evaluate your physical and psychological symptoms to determine whether or not you are eligible for disability benefits. It's important to have the proper documentation before undergoing this test to maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has assessed your medical evidence and completed the exam, you will receive a decision letter. This letter will contain an introduction, the decision of your disability and the amount, a list and details of all medical evidence that was reviewed and the reasons behind their decision.

If your claim is rejected or you are awarded an amount that does not provide you with all the issues you are suffering from, our firm can assist you in appealing the decision. We can help you appeal a denial of your claim by preparing an extensive appeal.

How do I challenge a VA decision?

VA offers three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine whether the original decision can be changed based on difference of opinion or an error made. This option is available to claimants who don't have any new evidence to provide. It can be completed within 125 days.

Then, you can submit an Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be new and relevant. It may also contain non-medical evidence, like lay statements. These are sworn statements by people who understand how your disability affects. This appeal must be filed within one year after a decision.

Another alternative is to make a formal appeal to the Board of veterans disability claim Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will draft a Statement of Case or SOC which will describe the laws and regulations that were used to make the decision, and a list of the evidence considered, and it will also explain why the decision was made as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most difficult route and can be expensive, but it could be the only method to get the best possible outcome for your client.

What is the cost a lawyer will Charge for appeals?

A skilled veteran disability attorney brings clarity to the appeals process. They will quickly identify what is lacking from your claim to make it eligible to be reviewed and assist you in deciding the best way to appeal a ruling. The job entails analyzing the reasons for the denial, helping you to develop medical evidence to back your case and presenting the evidence in a proper way.

If a court or a judge orders a disabled veteran pay court-ordered alimony or child support, that veteran isn't able to disregard the order and continue to collect VA compensation benefits. This is a law that is well-known and there are penalties for ignoring the court's order.

A recent settlement of a class action lawsuit could be a major victory for veterans disability attorney suffering from PTSD. Medical News Today reports the settlement will result thousands of veterans disability lawyers who previously were denied disability benefits from receiving lifetime benefits.

Jim is a 58 year veteran who suffered a stroke that rendered him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how the anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim recognizes that he must show that he has financial need to continue receiving the monthly Pension payment but wonders what can be done to minimize the effect on his other sources of income.