Veterans Disability Litigation
Lawyers can assist veterans file a first disability claim or contest a VA decision on the claim. But, the law in place today prohibits lawyers from charging fees for assistance with a claim for the first time.
Monk claims that the VA denied him benefits based on PTSD, and a discharge that was not favorable. The VA has an extensive appeals process for rectifying any decisions that are not in the best interest of the public.
What is an VA Disability Claim (VAD)?
A VA disability claim is a form of application for tax-free monthly benefits. Compensation offers a cash reward to pay for things like housing and medical treatment. Dependency and Indemnity Compensation provides the parents, spouses, and children of Service members who have 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 condition that is triggered when you hear a ringing sound in your ears, hissing or buzzing sounds, or any other sounds, but only you can hear them.
Sciatica is another of the easier conditions to be diagnosed with. It can occur when a herniated disc or bone spur puts pressure on 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 the discomfort and the sensation of numbness.
Post Traumatic Stress (PTSD) is the third condition that is easy to be eligible for. You may have frequent nightmares or extreme anxiety depression, or uncontrollable thoughts about an event that occurred during your military service. You can achieve the PTSD rating that you are entitled to by making a compelling claim and citing a stressful event that occurred during your service. A head injury that is traumatizing is the fourth most straightforward condition to qualify for, and it usually comes with a PTSD diagnosis.
How do I make a claim for a VA Disability?
In order to file a claim, you'll need to follow the steps. You must first submit medical evidence, like the opinion of a doctor, lab results and X-rays to prove that your condition is within VA's definition of disability. It's usually helpful to have your lawyer gather and submit this evidence in your initial filing to ensure that it is easier to process by the VA.
Then, you have to pass an Compensation and Pension (C&P) test. A federal VA rater will conduct the exam. They will assess your physical and psychological symptoms in order to determine whether you are eligible for disability benefits. It's crucial to have required documentation prior to taking the exam so that you can maximize your chances of obtaining the benefits you deserve.
Once the C&P examiner has assessed your medical evidence and completed the examination, you will receive the decision letter. The letter will include an introduction, the determination of your disability and amount as well as a list and description of all medical evidence that was reviewed, and any reasons for their decision.
Our firm can assist you in completing the appeals process if your claim was rejected or if you've received a rating which does not adequately compensate you for the issues you are experiencing. We can help you appeal a denial of your claim through the preparation of a comprehensive appeal.
How do I challenge a VA decision?
VA has three paths to choose from when a person is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence and determine whether the original decision could be modified in light of a disagreement or an error made. This is an excellent option for a claimant that does not have any new evidence to present and it can be completed in the 125 days.
The second option is to make an Supplemental Claim. This is an appeal where an individual with a disability can submit new evidence but it has to be new and relevant. It could also include non-medical evidence, like lay statements. These are sworn statements by those who know how your disability affects. This appeal must be filed within a year after a decision.
Thirdly you can file a formal complaint with the Board of
veterans disability lawyers Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will draft a Statement of Case or SOC which will identify the laws and regulations used to make the decision, a list of the evidence examined and a description of why the decision was made as either favorable, unfavorable or indeterminate.
If the BVA decision is affirmed, the final option is to appeal the decision to a federal appeal court. This is the most difficult route and may be costly, however it could be the only method to get an equitable outcome for your client.
What is the average amount a lawyer can charge for an appeal?
A veteran disability lawyer can help to clarify the appeals process. He or she will quickly identify what was missing from your initial claim in order to qualify it for review. They will also assist you in deciding the best method to appeal a decision. Examining the reasons behind the decision, assisting you in creating medical evidence to support your claim, and presenting your evidence in a professional manner are all part of the job.
If the court orders that disabled veterans pay child maintenance or alimony the veteran is not able to ignore this order and continue to receive VA compensation benefits. This is a widely-recognized law, and there are penalties for violating a court order.
A recent settlement in a class-action lawsuit could be a significant victory for veterans with PTSD. Medical News Today reports the settlement will enable thousands of veterans who had previously been denied disability benefits from receiving lifetime benefits.
Jim is a veteran of 58 years who suffered a stroke that made him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim would like to know whether his $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he has to show that he is in need of the monthly pension payment, but he's wondering how he could minimize the impact on other income sources.