Veterans Disability Litigation
A lawyer may help veterans file an initial disability claim or contest a VA decision regarding the claim. In the present, lawyers aren't allowed to charge for initial claims.
Monk claims that the VA denied benefits due to PTSD and a discharge that was not favorable. The VA has a lengthy appeals procedure for correcting any unfavorable decisions.
What is a VA Disability Claim (VAD)?
A VA disability claim is a request for tax-free monthly benefits. Compensation is cash benefits that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) provides financial assistance to parents, spouses, and children of deceased Service members in active duty or due to their service-related disabilities.
The easiest disability to establish is Tinnitus (ringing in the ear). This symptom occurs when you notice a hissing, ringing buzzing, or other sounds in one or both ears. The sound is only heard by you, in contrast to other people who have it.
Sciatica is one of the more common conditions to diagnose. Sciatica occurs when a herniated disc bone spur compresses your sciatic nerve. The sciatic nerve runs from your lower spine through your buttocks, hips and down your legs. The numbness and pain are felt in the buttocks, lower legs and feet, and can be very severe.
Post Traumatic Stress (PTSD) is the third most straightforward condition to be eligible for. This is when you experience frequent nightmares, extreme anxiety, depression or uncontrollable thoughts about an event that occurred during your military service. A convincing argument in support of the claim with an event that caused stress during your service can help you to get the PTSD rating you deserve. A head injury that is traumatic is the fourth condition that is easy to qualify for and is usually associated with an PTSD diagnosis.
How Do I File a claim for VA Disability?
To file a claim, you need to follow certain steps. You must first submit medical evidence, including the opinion of a doctor, lab results and X-rays, to prove that your condition is within VA's definition of disability. It's usually helpful to have your lawyer collect and submit this medical evidence in your initial application so that it can be more easily processed by the VA.
Then, you'll have to take an Compensation and Pension (C&P) exam. The exam will be conducted by an official from the federal VA rater who will examine your physical and medical conditions to decide whether or not you qualify for disability benefits. It is crucial to have the required documentation prior to taking the test to maximize your chances of obtaining the benefits you deserve.
After the C&P examiner has reviewed the medical evidence you submitted and has completed the examination, you will receive an official decision letter. The letter will include an introduction, a decision 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.
If your claim is rejected or you receive a rating that doesn't compensate you for all of the ailments you are suffering from, our firm will assist you in appealing the decision. We will determine the reason for why your claim was denied and prepare a comprehensive and strategic appeal to end the issue in your favor.
What can I do to challenge a VA decision?
VA offers three options for claimants who disagree with the decision. First an 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 error. This is an option for claimants who don't have any new evidence to prove. The process can be completed within 125 days.
The other alternative is to submit a Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it must be relevant and new. It may also contain non-medical evidence,
veterans Disability law firms like lay statements. These are statements that are sworn by people who understand the way your disability affects you. This appeal has to be filed within one year after the date of a decision.
Thirdly you can submit a formal complaint to the Board of
Veterans Disability Law Firms Appeals. This is done by submitting a VA Form 21-0958, a Notice Of Disagreement. Once the appeal is filed, the regional office will prepare a Statement of the Case or SOC which will identify what laws and regulations were used to make the decision, and a list of evidence considered, and it will also explain the reasons behind the decision as either favorable, unfavorable or indeterminate.
If the BVA decision is upheld and the BVA decision is upheld, the last option is to appeal the case to a federal appeal court. This is the most difficult and expensive path, but it may be the only option to obtain a fair decision for your client.
How Much Will a Lawyer Charge for Appeals?
A veteran disability lawyer can assist to clarify the appeals process. They can quickly determine what was lacking from your initial claim to be eligible for review and will assist you in choosing the most effective method to appeal a decision. Reviewing the reasons for decision, assisting you in developing medical evidence to support your claim, and presenting your evidence in a proper manner is all part of the job.
If the court orders disabled veterans pay child maintenance or alimony and child maintenance,
veterans disability law firms the veteran can't ignore this order and continue to receive VA compensation benefits. This is a law that is well-known and there are penalties for violating a court's order.
A recent settlement of a class action lawsuit may be a significant victory for
veterans disability lawsuit suffering from PTSD. Medical News Today reports the settlement will allow thousands of veterans who were previously not eligible for disability benefits to receive lifetime benefits.
Jim, a 58-year-old veteran who suffered a stroke that made him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim is interested in knowing how his expected $100,000 settlement will impact his eligibility for these benefits. Jim is aware that he must to prove that he is in need of the monthly Pension payment, but he's wondering what he can do to minimize the impact on his other income sources.