veterans disability attorney Disability Litigation
A lawyer can help a veteran file an initial disability claim or challenge an VA decision regarding the claim. In the present, lawyers aren't permitted to charge for initial claims.
Monk claims that the VA denied him benefits based on PTSD, and a discharge that was not favorable. The VA has a lengthy appeals process for making amends to any decision that is not favorable.
What is an VA Disability Claim (VAD)?
A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit to pay for things like housing assistance and medical care. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses, and children of service members who have died while on active duty or due to service-related injuries.
Tinnitus is the #1 most frequent ailment. This symptom occurs when you hear a ringing, hissing buzzing or other sounds in one or both ears. The sound is only heard by you, in contrast to others who also suffer from it.
Sciatica is one of the conditions that is easier to qualify for. It can occur when a herniated disc or bone spur puts pressure on the sciatic nerve which runs from your lower back, through your buttocks, hips and down each leg. The lower legs and buttocks can be affected by pain and feeling of numbness.
The third most straightforward condition to qualify for is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety or depression, or a recurring thought about an incident that occurred during your military service. You can achieve the PTSD rating that you are entitled to by making a compelling claim and citing a stressful event that happened during your service. A head injury that is traumatizing is the fourth most straightforward condition to get a rating for and usually comes with the PTSD diagnosis.
How do I submit a claim for VA Disability?
To file a claim, you need to follow the steps. First, you must provide medical evidence, such as the opinion of a doctor or lab reports, X-rays and lab reports to prove that your condition is in line with the VA's definition of disability. It is a good idea for a lawyer to collect the medical evidence and then submit it as part of your initial application, so that the VA can process it faster.
Next, you must undergo a Compensation and
Firm Pension (C&P) examination. The exam will be conducted by an official from the federal VA rater who will examine your physical and medical conditions to determine whether or not you are eligible for disability benefits. You must have all the required documentation to increase your chances of receiving benefits.
You will receive a decision letter once the C&P examiner reviews your medical evidence and finishes the examination. The letter will include an introduction, a statement of your disability rating and specific amount, a listing of the medical evidence they considered and a description of the reasons they decided against the decision.
If your claim is denied or you are awarded a rating that doesn't cover all of the issues you are suffering from, our
firm can assist with the appeals process. We can analyze the reasons for why your claim was denied and draft a thorough and strategic appeal that will resolve the issue to your satisfaction.
How can I challenge a VA Decision?
VA offers three options for claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and determine if the original decision could be modified based on difference of opinion or an error that was made. This is a viable option for a claimant that has no new evidence to provide and can be completed in 125 days.
The other alternative is to submit an Supplemental Claim. This is an appeal in which the veteran can present new evidence but it has to be relevant and new. It can also be accompanied by non-medical evidence such as lay statements (sworn statements of people who understand how your condition affects you). This type of appeal should be filed within one year from the date of a decision.
Thirdly you can make a formal complaint to the Board of Veterans Appeals. This is done by submitting a VA Form 21-0958, also known as a Notice of Disagreement. The regional office will prepare an SOC (Statement of the Case) once the appeal is filed. This will comprise a list evidence that was considered, the laws and regulations that were used in making the decision, as well as the reasons for why the decision was favorable, unfavorable, or indeterminate.
The final option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most difficult and expensive option, but it could be the only option to get a fair result for your client.
What is the average amount a lawyer can charge for an appeal?
A veteran disability lawyer can assist to clarify the appeals procedure. He or she can quickly determine what was missing from your initial claim to allow it for review. They will also assist you in choosing the most effective method to appeal an appeal. The job includes examining 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 orders a disabled veteran to pay alimony, alimony that was ordered by a court, or child support, that veteran cannot ignore the order and continue to collect 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 could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans who were previously denied disability benefits.
Jim the veteran, who is 58 years old who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim is interested in knowing whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he has to demonstrate that he is financially in need to continue receiving the monthly pension payment, but he wonders what could be done to minimize the impact on other sources of income.