Veterans Disability Litigation

A lawyer may help veterans file a first disability claim or challenge the VA decision on the claim. Lawyers are currently not permitted to charge for initial claims.

Monk claims that the VA denied his claims for benefits in the context of PTSD and an unfavorable discharge. The VA has an extensive appeals process for 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 an income-based benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation offers cash payments to parents, spouses and children of Service members who have died on active duty or because of disability related to service.

Tinnitus is the most common disability. It is a symptom that manifests when you hear ringing in your ears, the sound of hissing or buzzing sounds, or other sounds that are only able to hear them.

Sciatica is one of the most frequent conditions. Sciatica can occur due to a herniated disc, or bone spur causes compression of the sciatic nerve. This nerve is located in the lower part of your spine through your hips, buttocks, and down your legs. The buttocks and lower legs can be affected by pain and the sensation of numbness.

The third most straightforward condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). You may experience recurring nightmares, extreme anxiety or depression, or uncontrollable thought about an incident that happened during your military service. You can achieve the PTSD rating you deserve by making a convincing claim and citing a stressful event that took place during your time of service. A traumatic head injury is the fourth condition that is easy to qualify for and usually comes with a PTSD diagnosis.

How do I file a claim for VA Disability?

To file a claim, you must follow a few steps. First, you must submit medical evidence, such as an opinion from a doctor, lab results and X-rays to prove that your condition falls within VA's definition of disability. It's usually beneficial to have your lawyer collect and submit this medical evidence in the initial filing to ensure that it is easier to process by the VA.

You will then have to undergo an exam for Compensation and Pensions (C&P). This will be performed by an federal VA rater who will evaluate your physical and psychological symptoms to decide whether or not you qualify for disability benefits. It's important to have the proper documentation before undergoing this exam to maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has assessed your medical evidence and completed the examination you will be issued a decision letter. This will contain an introduction, a declaration of your disability status and specific amount, a list of the medical evidence they considered and a statement of any reasons why they did not choose you when they made their decision.

Our firm is able to assist with the appeals procedure if your claim was rejected or if you've received a rating that does not compensate you adequately for the issues you are experiencing. We can assess the reason for the denial and prepare a comprehensive and strategic appeal to resolve the issue in your favor.

What can I do to challenge a VA Decision?

VA provides three options to those who are dissatisfied with the decision. First, a Senior Reviewer will review the same evidence to determine whether the original decision is likely to be changed due to a change of opinion or an omission. This option is available to applicants who don't have new evidence to present. It can be completed within about 125 days.

The second alternative is to make an Supplemental Claim. This is an appeal process where a veteran can add new evidence, but it has to be new and relevant. It may also contain non-medical evidence such as lay statements (sworn statements from people who understand how your condition affects you). This type of appeal must be filed within a year after the date of a decision.

A third alternative is to make a formal appeal to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958 or a Notice of Disagreement. Once the appeal is filed, the regional office will prepare a Statement of the Case or SOC which will detail what laws and regulations were utilized in determining the decision, a list of evidence taken into consideration and will explain the reasons for the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most costly and difficult path, but it may be the only way to get a fair result for your client.

What is the cost a lawyer will Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals process. They'll quickly determine what is missing from your claim to make it eligible for review and help you decide on the best method to appeal a ruling. The task involves analyzing the reasons behind refusal, helping you create medical evidence to support your claim, and presenting the evidence in a proper way.

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

A recent settlement of a class action lawsuit may be a major victory for lindenwold Veterans disability attorney suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of west melbourne veterans disability law firm who had previously been denied disability benefits.

Jim the veteran, who is 58 years old who suffered a stroke that made him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim wants to know if his $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he has to show 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.