Veterans Disability Litigation
Lawyers can assist veterans file a first disability claim or contest an VA decision on the claim. But, the law in place today prohibits lawyers from charging fees for assistance with the initial claim.
Monk claims that the VA denied him benefits based on PTSD, and an unfavourable discharge. favorable. The VA has a long appeals process to correct any unfavorable determinations.
What Is a 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 care or housing assistance. Dependency and Indemnity Compensation offers an amount of money to parents, spouses and children of Service members who died on active duty or as a result of service-related injuries.
The most simple condition to establish is Tinnitus (ringing in the ear). It is a symptom that manifests when you hear a ringing sound in your ears, hissing, buzzing sounds, or other sounds that are only able to hear them.
Sciatica is among the most common ailments. Sciatica occurs when a herniated disc bone spur causes compression of your sciatic nerve. The sciatic nerve is located in your lower spine to your hips, buttocks, and down your legs. Numbness and pain are felt in the buttocks, lower legs and feet. It can be quite severe.
The third most straightforward condition to qualify for is Post Traumatic Stress Disorder (PTSD). This occurs when you experience recurring nightmares, extreme anxiety or depression or uncontrollable thoughts regarding a specific incident which occurred during your military service. You can earn the PTSD rating you merit by making a solid claim and citing a stressful event that happened during your service. A traumatizing brain injury is the fourth most straightforward condition to be eligible for and is usually associated with a PTSD diagnosis.
How do I apply for a VA Disability Claim?
To file a claim you need to follow some steps. The first step is to submit medical evidence such as medical opinions or lab reports, X-rays and lab reports to establish that your condition falls within the VA's definition of disability. It is often beneficial to have your lawyer gather the medical evidence as part of the initial filing so that it can be more easily processed by the VA.
You will then have to undergo an exam called Compensation and Pensions (C&P). This will be performed by a federal VA rater who will assess your physical and medical conditions to determine if you qualify for disability benefits. You should have all the necessary documentation in order to maximize your chances of obtaining benefits.
Once the C&P examiner has reviewed your medical evidence and completed the exam, you will receive an official decision letter. The letter will contain an introduction, the decision of your disability and amount of your disability, a list and a details of all medical evidence that was reviewed as well as any reasons for their decision.
Our firm can assist you with the appeals process in case your claim was denied or if you have received a rating that doesn't adequately compensate you for the issues you are experiencing. We can assess the reasons for your claim being denied and craft a comprehensive and strategic appeal to end the matter in your favor.
What can I do to challenge a VA decision?
VA has three avenues to consider when a claimant is not happy with the decision. First, a Senior Reviewer will review the same evidence and determine if the original decision can change based on a difference of opinion or an omission. This is a viable alternative for a claimant who does not have new evidence to submit and it can be completed within one hundred and fifty days.
You can also make a Supplemental Claim. This is an appeal in which a veteran can add new evidence, but it needs to be new and relevant. It can also include nonmedical evidence, like lay statements. These are statements that are sworn by people who understand how your disability affects you. This appeal has to be filed within a year after the date of a decision.
Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This is done by submitting a 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 the laws and regulations that were used to reach the decision, along with a list of evidence considered and it will describe the reasons for the decision as either favorable, unfavorable or indeterminate.
If the BVA decision is affirmed then the only option left is to appeal the case to a federal appeal court. This is the most difficult option and may be costly, however it is the only way to get the best possible outcome for your client.
How much will a lawyer charge for an appeal?
A seasoned disability attorney can help you understand the appeals process. They'll quickly determine what is missing from your claim to make it eligible for review and help you determine the best way to appeal a decision. The job entails analyzing the reasons for denial, assisting you in preparing medical evidence to support your case, and presenting the evidence in a way that is appropriate.
If the court orders that disabled
veterans disability law firm pay alimony or child maintenance and child maintenance, the veteran cannot evade the order and continue to receive VA compensation benefits. This is a law that is well-known and there are penalties for violating the order of a judge.
A recent settlement of a class action lawsuit could be a significant win for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans who were previously denied disability benefits.
Jim an 58-year-old veteran who suffered a stroke that caused him to be permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim wants to know the impact of his $100,000 settlement on his impact his ability to receive these benefits. Jim recognizes that he must prove that he has the financial need to continue receiving the monthly pension payment, but he is wondering what can be done to reduce the impact on other sources of income.