veterans disability lawsuits Disability Litigation
A lawyer can assist a veteran to file an initial claim for disability or to challenge a VA decision. However, the law currently prohibits lawyers from charging fees for assistance with an initial claim.
Monk claims that the VA refused to grant him benefits based on PTSD and
Veterans Disability Law Firms an unfavorable discharge. The VA has a lengthy appeals process to correcting any unfavorable decisions.
What is an VA Disability Claim (VAD)?
A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an unpaid benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation provides an amount of money to parents, spouses and children of service members who have passed away on active duty or as a result of service-related injuries.
The most common condition to claim is Tinnitus (ringing in the ear). This is a sign that occurs when you hear ringing in your ears, hissing, buzzing sounds, or any other sounds, but only you can hear them.
Sciatica is one of the conditions that is easier to be diagnosed with. Sciatica can occur when a herniated disc or bone spur causes compression of the sciatic nerve. This nerve runs from your lower spine, through your buttocks, hips and down your legs. The buttocks and lower legs can be affected by discomfort and the numbness.
The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This is when you experience repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event that took place during your military service. A strong statement in support of the claim using a stressor that occurred in the course of service can help achieve the PTSD rating you deserve. A head injury that is traumatic is the fourth condition that is easy to be considered for and is usually associated with the PTSD diagnosis.
How Do I File a VA Disability Claim?
There are a variety of procedures to follow to file an application. You must first provide medical evidence, such as a doctor’s opinion, lab results and X-rays to prove that your condition falls within VA's definition of disability. It is often helpful for a lawyer to collect this evidence medically and submit it as part of your initial application so that the VA can process it faster.
You must then undergo an examination for Compensation and Pensions (C&P). A federal VA rater will conduct the exam. They will evaluate your physical and emotional symptoms to determine if you are eligible for disability benefits. It is essential to have the proper documentation before undergoing this test to maximize your chances of obtaining the benefits you deserve.
You will receive a letter of determination once the C&P examiner has reviewed your medical evidence and
veterans Disability law firms finishes the exam. This letter will contain an introduction, the determination of your disability and the amount as well as a list and description of all medical evidence that was considered and the reasons for their decision.
Our firm can assist in the appeals process if your claim has been denied or you have received a rating that doesn't adequately compensate you for the symptoms you are experiencing. We will determine the reason for the reasons for your claim being denied and draft a thorough and strategic appeal to end the issue to your satisfaction.
How can I challenge a VA decision?
VA has three routes to follow when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and determine whether the original decision could be modified due to a difference of opinion or an error that was made. This is a viable alternative for a claimant who doesn't have new evidence to provide and can be completed in the 125 days.
You can also file a Supplemental Claim. It is an appeal in which veterans can add new evidence, but it has to be relevant and new. 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 you. This appeal has to be filed within a year following the decision.
Another alternative is to submit a formal appeal to the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will prepare a Statement of Case or SOC which will detail the laws and regulations that were used to make the decision, a list of evidence taken into consideration and will explain the reasons behind the decision as either 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 difficult path and may be costly, however it is the only way to get the best possible outcome 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 process. They will quickly determine what is missing from your claim, making it eligible to be reviewed and help you decide on the best way to appeal a decision. Analyzing the reasons for the denial, helping you in preparing medical evidence to support your claim, and then presenting this evidence in an appropriate way is all part of the job.
If an order from a court requires 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 widely-recognized law, and there are penalties when you do not comply with a court order.
A recent settlement in a class action lawsuit could be a huge victory for veterans suffering from PTSD. Medical News Today reports the settlement will result thousands of
Veterans disability law firms who had previously been denied disability benefits to receive lifetime benefits.
Jim an 58-year-old veteran, suffered an stroke that rendered him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim wants to know how his expected $100,000 settlement will impact his eligibility for these benefits. Jim understands that he must demonstrate that he is financially in need to continue receiving the monthly Pension payment, but is wondering what can be done to minimize the impact on his other sources of income.