Veterans Disability Litigation

A lawyer may help veterans file an initial disability claim or contest the VA decision on the claim. However, current law prevents lawyers from charging for assistance with the initial claim.

Monk claims that the VA refused to grant him benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure for rectifying any decisions that are not in the best interest of the public.

What is an VA Disability Claim?

A VA disability claim is an application for tax-free monthly benefits. Compensation provides a cash benefit to pay for things like housing and medical expenses. Dependency and Indemnity Compensation provides a monetary payment to spouses, parents and children of service members who have died on active duty or because of service-related disabilities.

Tinnitus is the most commonly reported condition. This is a symptom that occurs when you notice a hissing, ringing buzzing or other sounds from one or both ears and can only be heard by you, in contrast to others who also have it.

Sciatica is among the more common conditions. Sciatica happens when a herniated disk or bone spur can compress the sciatic nerve. This nerve is located in your lower spine to your hips, buttocks, and down your legs. The buttocks and lower legs are susceptible to being affected by pain and the sensation of numbness.

The easiest condition to qualify for is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience frequent nightmares, extreme anxiety or depression, or thoughts that are uncontrollable regarding a specific incident that took place during your military service. You can earn the PTSD rating that you deserve by making a strong claim and citing a stressful event that occurred during your military service. Traumatic head injuries are the fourth most straightforward condition to get a rating for and is typically associated with a PTSD diagnosis.

How do I file a VA Disability Claim?

There are many steps to follow to submit an application. First, you need to submit medical evidence, such as an opinion from a doctor or lab report, as well as X-rays to prove that your condition meets the VA's definition of disability. It's usually beneficial to have your lawyer collect the medical evidence as part of your initial application so that it can be more easily processed by the VA.

Then, you must undergo a Compensation and Pensions (C&P). A federal VA rater will perform this test. They will examine your physical and psychological symptoms to determine if you're eligible for disability benefits. You should have all the necessary documentation in order to maximize your chances of obtaining benefits.

Once the C&P examiner has assessed the medical evidence you submitted and has completed the examination and analyzed your medical evidence, you will receive the decision letter. The letter will include an introduction, a determination of your disability classification and specific amount, a list of the medical evidence they reviewed and a list of any reasons why they decided against you in deciding.

Our firm can help you with the appeals process in case your claim was denied or if you have received a rating which does not adequately compensate you for the conditions you are experiencing. We can assess the reasons for your claim being denied and prepare a comprehensive and strategic appeal to settle the issue in your favor.

How do I challenge a VA Decision?

VA offers three options to applicants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and decide if the original decision could be modified due to a difference of opinion or an error that was made. This is an excellent option for a claimant who does not have any new evidence to submit and can be completed within 120 days.

You can also submit an Supplemental Claim. This is an appeal where veterans can provide new evidence, however it must be to be original and relevant. It may also contain non-medical evidence, such as lay statements. These are sworn statements from people who are aware of how your disability affects. This type of appeal must be filed within a year following the decision.

Another option is to make a formal appeal to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958, also known as a Notice Of Disagreement. After the appeal has been filed, the regional office will draft an Statement of the Case or SOC that will outline the laws and regulations that were utilized in determining the decision, a list of evidence that was considered, and it will also explain why the decision was made as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld in the end, the only alternative is to appeal the case to a federal appeals court. This is the most difficult option and is costly, but it is the only way to ensure an equitable outcome for your client.

How much will a lawyer Charge for appeals?

A skilled veteran disability attorney provides clarity to the appeals process. He or she can quickly determine what was missing from your initial claim in order to qualify it for review. They will also help you decide the best method to appeal an appeal. The job includes examining the reasons behind the denial, helping you to develop medical evidence to back your case and presenting the evidence in a way that is appropriate.

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

A recent settlement in a class-action lawsuit could be a significant victory for Seagoville Veterans Disability Attorney suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of crystal city veterans disability lawyer previously denied disability benefits.

Jim an 58-year-old veteran was struck by a stroke and caused him to be permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is curious to know whether the $100,000 settlement will affect the ability to receive these benefits. Jim recognizes that he must show that he has financial need to continue receiving the monthly Pension payment, but he is wondering what can be done to minimize the impact on other sources of income.