Veterans Disability Litigation
A lawyer may help
veterans disability lawsuits file an initial disability claim or contest an VA decision on the claim. Lawyers are currently not permitted to charge for initial claims.
Monk claims that the VA denied his claims for benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correct any unfavorable determinations.
What is a VA Disability Claim?
A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation offers a monetary payment to spouses, parents and children of Service members who have passed away on active duty or as a result of disability related to service.
The most common condition to claim is Tinnitus (ringing in the ear). It is a symptom that occurs when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or other sounds that are only able to hear them.
Sciatica is one of the most common ailments. Sciatica is a condition that occurs when a herniated disc or bone spur can compress your sciatic nerve. This nerve runs from your lower spine through your buttocks, hips and down your legs. Lower legs and buttocks may be affected by pain and feeling of numbness.
Post Traumatic Stress (PTSD) is the third most straightforward condition to be considered for. You may have frequent nightmares or extreme anxiety or depression, or uncontrollable thoughts about an event that occurred during your military service. A convincing proof of the claim with the source of the stressor in the course of service can help achieve the PTSD rating you merit. A traumatic brain injury is the most simple condition to qualify for and typically comes with the PTSD diagnosis.
How Do I File a claim for VA Disability?
There are several steps that must be taken to submit a claim. First, you must provide medical evidence such as a doctor's opinion or lab reports, X-rays and lab reports to prove that your condition meets the VA's definition of disability. It is often beneficial to have your lawyer gather and submit this medical evidence as part of your initial application so that it can be easier to process by the VA.
You will then have to undergo an examination for Compensation and Pensions (C&P). A federal VA rater will conduct this test. They will evaluate your physical and emotional symptoms to determine if you qualify for disability benefits. You should have all the necessary documentation in order to maximize your chances of receiving benefits.
After the C&P examiner has examined the medical evidence you submitted and has completed the examination and analyzed your medical evidence, you will receive a decision letter. The letter will include an introduction, the determining of your disability and amount of your disability, a list and a an explanation of the medical evidence considered and the reasons behind their decision.
If your claim is denied or you are awarded a rating that does not compensate you for all of the issues you suffer from, our firm will assist in the appeals process. We can assist you in appealing the denial of your claim through the preparation of a comprehensive appeal.
How do I challenge a VA Decision?
VA offers three options for applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine if the original decision could be modified in light of a disagreement or an error that was made. This is a good option for a claimant that does not have any new evidence to provide and can be completed within one hundred and fifty days.
The second alternative is to make a Supplemental Claim. This is an appeal in which the veteran can present new evidence but it has to be original and relevant. It may also contain non-medical evidence, like lay statements. These are statements that are sworn by people who understand how your disability affects you. This type of appeal should be submitted within one year of a decision.
Thirdly you can make a formal complaint to the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) after the appeal is filed. This will include a list of the evidence considered, as well as the laws and regulations utilized to arrive at the decision and the reasons behind why the decision was favorable, not favorable, or indeterminate.
The last option is to appeal to a federal court in the event that the decision of the BVA is upheld. This is the most costly and difficult option, but it could be the only way to obtain a fair decision for your client.
What is the cost a lawyer will charge for an appeal?
A veteran disability lawyer can assist to clarify the appeals procedure. He or she will quickly identify what is lacking from your claim to make it eligible to be reviewed and help you determine the best way to appeal a decision. Reviewing the reasons for denial, helping you in making medical evidence to back your claim, and presenting the evidence in a way that is appropriate is all essential to the job.
If the court orders that disabled veterans pay alimony or child maintenance the veteran is not able to ignore the order and continue receive VA compensation benefits. This is a well-known law and there are penalties for violating the court order.
A recent settlement of a class action
lawsuit could be a significant victory for
veterans disability lawyers suffering from PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously were denied disability benefits from receiving lifetime benefits.
Jim is a veteran of 58 years was struck by a stroke and rendered him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will impact his eligibility for these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he wonders what he can do to minimize the impact on his other income sources.