Veterans Disability Litigation
A lawyer can assist a veteran to file an initial claim for disability, or challenge the validity of a VA decision. But, the law in place today prohibits lawyers from charging for assistance with the initial claim.
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 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 income-based benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation offers the parents, spouses, and children of Service members who have passed away on active duty or as a result of disabilities related to service.
The most common condition to be diagnosed with is Tinnitus (ringing in the ear). This is a symptom that can be experienced when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or other sounds however, you are unable to hear them.
Sciatica is one of the most frequently encountered conditions. Sciatica can occur when a herniated disc or bone spur causes compression of the sciatic nerve. This nerve runs from the lower part of your spine through your buttocks, hips, and down your legs. The lower legs and buttocks can be affected by discomfort and the sensation of numbness.
Post Traumatic Stress (PTSD) is the third most common condition that you can be able to qualify for. You may experience recurring nightmares, extreme anxiety or depression, or an uncontrollable thoughts about an incident that occurred during your military service. A convincing proof of the claim with the source of the stressor during service can help you achieve the PTSD rating you deserve. A traumatizing brain injury is the 4th most common condition to be eligible for and usually comes with a PTSD diagnosis.
How do I file a VA Disability Claim?
There are many steps to be followed to submit a claim. You must first present medical evidence, such as an opinion from a doctor, lab results and X-rays to prove that your condition is within VA's definition of disability. It is often beneficial to have your lawyer collect the medical evidence as part of your initial application to ensure that it is more easily processed by the VA.
You must then undergo an exam called Compensation and Pensions (C&P). A federal VA rater will administer this exam. They will assess your physical and mental health in order to determine whether you are eligible for disability benefits. You must have all the required documentation in order to maximize your chances of obtaining benefits.
After the C&P examiner has reviewed your medical evidence and completed the examination you will be issued a decision letter. It will include an introduction, a decision of your disability classification and specific amount, a list of the medical evidence they considered and a list of any reasons why they did not choose the decision.
If your claim is denied or you are awarded a rating that does not cover all of the ailments you are suffering from, our company can assist in the appeals process. We will determine the reason for the reason your claim was denied and draft a thorough and strategic appeal that will resolve the issue in your favor.
How do I challenge a VA Decision?
VA offers three options to claimants who disagree with a decision. First, a Senior Reviewer will review the same evidence to determine whether the original decision could change based on a difference of opinion or an error. This is an option for applicants who don't have new evidence to support their claim. It can be completed within 125 days.
You can also submit an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it has to be relevant and new. It can also be accompanied by non-medical evidence like lay statements (sworn statements from people who are aware of how your disability affects you). This type of appeal must be filed within a year following the decision.
Another option is to make a formal appeal to the Board of
veterans disability lawyer Appeals. This is done by submitting the VA Form 21-0958 and a Notice Of Disagreement. After the appeal has been filed, the regional office will draft a Statement of the Case or SOC which will detail what laws and regulations were used to make the decision, and a list of the evidence considered and it will describe 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 confirmed. This is the most difficult path and can be expensive, but it could be the only option to obtain 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 process. They'll quickly determine what is missing from your claim, making it eligible to be reviewed and assist you in deciding the best method to appeal a ruling. The job includes examining the reasons for denial, helping you develop medical evidence to prove your case and presenting your evidence in a way that is appropriate.
If the court orders that a disabled veteran pay child maintenance or alimony and child maintenance, the veteran can't ignore this order and continue to receive VA compensation benefits. This is a well-known law and there are consequences for breaking an order of a court.
A recent settlement of a class action lawsuit may be a major win for
veterans disability law firms with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a number of veterans who had previously been denied disability benefits.
Jim is a veteran of 58 years, suffered an stroke that left him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim would like to know how his anticipated $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 not sure how he can minimize the impact on other income sources.