veterans disability lawsuit Disability Litigation
A lawyer can help a veteran to start a claim for disability or challenge a VA decision. Currently, lawyers are not allowed to charge fees for initial claims.
Monk claims that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to rectifying any decisions that are not in the best interest of the public.
What is a VA Disability Claim?
A VA disability claim is a form of application for tax-free monthly benefits. Compensation provides a cash benefit to pay for things like housing and medical expenses. Dependency and Indemnity Compensation (DIC) offers the parents, spouses, and children of service members who have died while on active duty or through service-related injuries.
Tinnitus is among the top most frequent ailment. This is a symptom that occurs when you hear sounds ringing in your ears, the sound of hissing or buzzing sounds, or any other sounds, but only you can hear them.
Sciatica is another one of the most common conditions to diagnose. It can occur when an injured disk or bone spur causes compression of the sciatic nerve which runs from your lower back, through your buttocks and hips as well as down each leg. Lower legs and buttocks can be affected by discomfort and the numbness.
The most common condition you can be eligible for is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares or extreme anxiety or depression, or uncontrollable thought about an incident that occurred during your military service. A convincing argument in support of the claim with the source of the stressor during service can help you receive the PTSD rating you merit. Traumatic head injuries are the fourth most straightforward condition to get a rating for and usually comes with an PTSD diagnosis.
How do I make a claim for a VA Disability?
To file a claim you'll need to follow a few steps. You must first present medical evidence, like an opinion from a doctor or lab results, as well as X-rays to prove that your condition meets VA’s definition of disability. It's usually beneficial to have your lawyer collect the medical evidence and submit it in the initial filing so that it can be easier to process by the VA.
Next, you must undergo an Compensation and Pension (C&P) exam. This will be performed by a federal VA rater who will assess your symptoms and physical condition to determine if you are eligible for disability benefits. You should have all the necessary documentation in order to maximize your chances of receiving benefits.
You will receive a letter of determination after the C&P examiner reviews your medical evidence and passes the examination. This letter will include an introduction, the determination of your impairment and the amount of disability, a listing and a the description of all medical evidence that was considered and the reasons for their decision.
If your claim is denied or you are awarded an amount that does not cover all of the conditions you are suffering from, our firm will assist in the appeals process. We can help you appeal a denial of your claim by preparing a comprehensive appeal.
How do I challenge a VA decision?
VA offers three options to applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence and decide if the original decision is valid because of a difference of opinion or an error that was made. This is an excellent alternative for a claimant who doesn't have new evidence to show and can be completed within one hundred and fifty days.
Second, you can submit a Supplemental Claim. This is an appeal process where veterans can provide new evidence, but it needs to be new and relevant. It may also contain non-medical evidence, such as lay statements. These are sworn statements by people who understand how your disability affects. This type of appeal must be submitted within one year following the decision.
A third option is to submit a formal appeal to the Board of
veterans disability lawsuits Appeals. This is done by filing an VA Form 21-0958 and a Notice Of Disagreement. Once the appeal is filed, the regional office will prepare a Statement of Case or SOC which will detail the laws and regulations used in reaching the decision, and a list of the evidence taken into consideration and will explain why the decision was made 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 is costly, but it is the only option to obtain the best possible outcome for your client.
What is the cost a lawyer will Charge for appeals?
A seasoned disability attorney provides clarity to the appeals process. They will quickly determine what is missing from your claim to make it eligible to be reviewed and help you determine the best method to appeal a ruling. The job entails analyzing the reasons behind the denial, helping you to develop medical evidence to support your claim and presenting the evidence in a way that is appropriate.
If an order from a court requires that disabled
Veterans Disability Law Firms pay child maintenance or alimony and child maintenance, the veteran cannot evade the order and continue to receive VA compensation benefits. It is a widely accepted law and there are penalties for violating a court order.
A recent settlement of a class action lawsuit may be a significant win for veterans with PTSD. Medical News Today reports the settlement will allow thousands of veterans who previously had to be denied disability benefits from receiving lifetime benefits.
Jim is a 58 year veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will affect his ability to receive these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly pension payment but wonders what can be done to reduce the impact on other sources of income.