Veterans Disability Litigation

A lawyer can assist a veteran to file an initial claim for disability benefits or challenge a VA decision. Currently, lawyers are not allowed to charge fees for initial claims.

Monk alleges that the VA denied his claims for benefits due to PTSD and an unfavorable discharge. The VA offers a comprehensive appeals procedure to rectify any erroneous determinations.

What is a VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation offers a cash reward to pay for things such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) offers an amount of money to spouses, children and parents of service members who have died during active duty or due to their service-related disabilities.

The most common condition to establish is Tinnitus (ringing in the ear). It is a symptom that manifests when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or any other sounds that you cannot hear them.

Sciatica is among the most frequently encountered conditions. Sciatica occurs when a herniated disk or bone spur causes compression of your sciatic nerve. The sciatic nerve is located in your lower spine through your buttocks, hips and down your legs. Numbness and pain are felt in the buttocks, lower leg and feet. It can be extremely.

The most common condition you can qualify for is Post Traumatic Stress Disorder (PTSD). It's when you have frequent nightmares, extreme anxiety, depression or uncontrollable thoughts regarding a specific incident that happened in your military service. A convincing defense of the claim using the stressor that occurred during your service can help you receive the PTSD rating you deserve. A traumatizing brain injury is the most simple condition to be eligible for and usually accompanies a PTSD diagnosis.

How do I file a claim for VA Disability?

To file a claim you'll need to go through a few steps. The first step is to submit medical evidence, such as medical opinions or lab report, as well as X-rays to prove that your condition is in line with the VA's definition of disability. It is generally beneficial to get a lawyer to gather the medical evidence and provide it as part of your initial application so that the VA will be able to process it faster.

You will then have to undergo an examination for Compensation and Pensions (C&P). A federal VA rater will administer the exam. They will look at your symptoms and physical condition to determine whether you are eligible for disability benefits. You should have all the required documentation in order to increase your chances of obtaining benefits.

After the C&P examiner has reviewed your medical evidence and completed the exam you will be issued the decision letter. This letter will contain an introduction, the decision of your disability and the amount of disability, a listing and a description of all medical evidence they considered and the reasons for their decision.

If your claim is rejected or you are awarded an amount that does not compensate you for all of the issues you suffer from, our firm will assist in the appeals process. We can analyze the reasons for the reason for the denial and then prepare a thorough and strategic appeal to settle the issue to your satisfaction.

How do I challenge a VA decision?

VA has three avenues to follow when a claimant is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence and determine whether the original decision is because of a difference of opinion or an error that was made. This is a good option for a claimant who does not have new evidence to show and it can be completed within one hundred and fifty days.

The other alternative is to make a Supplemental Claim. This is an appeal process where a veteran can add new evidence, but it needs to be relevant and new. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn from people who are aware of how your disability affects you. This type of appeal should be submitted within one year of a decision.

Thirdly, you can file a formal complaint with the Board of garland veterans disability lawyer Appeals. This is done by submitting an VA Form 21-0958, also known as a Notice of Disagreement. The regional office will prepare an SOC (Statement of the case) after the appeal has been filed. This will comprise a list evidence that was considered, the laws and regulations that were used to reach the decision and the reasons for why the decision was favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court if the decision of the BVA is upheld. This is the most costly and difficult route, but it might be the only way to get a fair outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A good veteran disability attorney can help you understand the appeals process. He or she 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 includes examining the reasons for the denial, helping you to develop medical evidence to support your claim, and presenting the evidence in a correct manner.

If a court or a judge orders a disabled veteran pay alimony ordered by the court or child support, the veteran isn't able to disregard the order and continue to collect VA compensation benefits. This is a widely recognized law and carries a penalty for violating the court order.

A recent settlement of a class action lawsuit may be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will result thousands of Troy Veterans Disability Attorney who previously were denied disability benefits from receiving lifetime benefits.

Jim is a 58 year veteran who suffered a stroke that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim wants to know how the anticipated $100,000 settlement will affect his ability to receive these benefits. Jim knows he has to prove that he is in need of the monthly Pension payment, but he's not sure how he can reduce the impact on other income sources.