Veterans Disability Litigation

A lawyer can assist north wildwood veterans disability Law firm file a first disability claim or challenge the VA decision regarding the claim. Currently, lawyers are not allowed to charge for the initial claims.

Monk alleges that the VA refused to grant him benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correcting any unfavorable decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is an unpaid benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation offers a monetary payment to spouses, parents and children of Service members who have died on active duty or as a result of disability related to service.

Tinnitus is the #1 most common disability. This is a symptom that can be experienced when you hear a ringing sound in your ears, a hissing sound, buzzing sounds, or any other sounds, but only you can hear them.

Sciatica is another of the easier conditions to be diagnosed with. It happens when a herniated disk or bone spur compresses the sciatic nerve, which runs from your lower back through your buttocks and hips as well as down each leg. Lower legs and buttocks are susceptible to being affected by pain and the numbness.

The most common condition you can be eligible for is Post Traumatic Stress Disorder (PTSD). You may experience recurring nightmares or extreme anxiety or depression, or uncontrollable thoughts about an event that occurred during your military service. A strong statement in support of the claim using the source of the stressor during your service can help you achieve the PTSD rating you deserve. A head injury that is traumatic is the fourth most straightforward condition to qualify for and is usually associated with the PTSD diagnosis.

How do I file a VA Disability Claim?

There are several steps to be followed to file a claim. First, you must submit medical evidence, such as the opinion of a doctor or lab report, as well as X-rays to prove that your condition falls within the VA's definition of disability. It is generally beneficial for a lawyer to collect this medical evidence and include it in your initial application so that the VA can process it more easily.

Then, you have to pass the Compensation and Pension (C&P) examination. This is conducted by an federal VA rater who will examine your physical and mental health to determine whether or not you are eligible for disability benefits. You must have all the documentation required to increase your chances of obtaining benefits.

After the C&P examiner has reviewed your medical evidence and completed the examination you will receive an official decision letter. This letter will include an introduction, the decision of your disability, the amount of your disability, a list and a description of all medical evidence that was considered and the reasons for their decision.

Our firm can assist with the appeals process in case your claim has been denied or if you have received a rating that doesn't adequately compensate you for the symptoms you are experiencing. We can help you appeal a denial of your claim by preparing an extensive appeal.

How can I challenge a VA decision?

VA has three avenues to choose from when a person disagrees with the decision. First an Senior Reviewer will review the same evidence and determine whether the original decision could be changed due to a change of opinion or omission. This option is available to those who do not have new evidence to support their claim. The process can be completed within 125 days.

The other alternative is to submit an Supplemental Claim. This is an appeal in which a veteran can add new evidence, but it has to be new and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn statements of people who understand how your condition affects you). This type of appeal must be filed within one year after a decision.

Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) after the appeal is filed. This will include a listing of the evidence that was considered, as well as the laws and regulations utilized in making the decision, as well as the reasons why the decision was favourable, 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 costly and difficult route, but it might be the only option to get a fair result for your client.

What is the cost a lawyer will charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals procedure. He or she will quickly identify what is lacking from your claim, making it eligible for review and assist you in deciding the best way to appeal a decision. The task involves analyzing the reasons for denial, assisting you in preparing medical evidence to support your case and presenting the evidence in a proper way.

If a court orders that a disabled veteran pay child maintenance or alimony the veteran is not able to ignore this order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for violating the order of a judge.

A recent settlement of a class action lawsuit could be a major win for lochbuie veterans disability lawsuit with PTSD. Medical News Today reports the settlement will result thousands of veterans who had previously been denied disability benefits, receiving lifetime benefits.

Jim is a 58 year old veteran who suffered a stroke which left him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim wants to know the impact of his $100,000 settlement on his affect his eligibility to receive these benefits. Jim realizes that he has to prove that he is in need of the monthly Pension payment, but he's not sure what he can do to minimize the impact on his other income sources.