Veterans Disability Litigation
A lawyer can help veterans file an initial disability claim or challenge an VA decision regarding the claim. Currently, lawyers are not permitted to charge for initial claims.
Monk claims that the VA denied benefits due to PTSD, and an unfavourable discharge. favorable. The VA has a lengthy appeals process to correct any unfavorable determinations.
What is what is a VA Disability Claim (VAD)?
A VA disability claim is a way to apply for tax-free monthly benefits. Compensation provides a cash payment to cover expenses such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides the parents, spouses, and children of Service members who die in active duty or from service-related disabilities.
Tinnitus is the most frequent ailment. The symptom is when you hear a ringing, hissing buzzing, or other sounds coming from the ear of one or both and can only be heard by you, as opposed to those who have it.
Sciatica is one of the more common conditions. Sciatica occurs when a herniated disc or bone spur can compress your sciatic nerve. The sciatic nerve runs from your lower spine, through your buttocks and hips and down your legs. The numbness and pain can be felt in the buttocks, lower leg and feet. It can be quite severe.
Post Traumatic Stress (PTSD) is the third most straightforward condition to be considered for. It is a condition that occurs when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts about a specific event which occurred during your military service. A strong statement in support of the claim with the stressor that occurred during your service can help you achieve the PTSD rating you deserve. A head injury that is traumatic is the fourth most straightforward condition to prove and usually comes with the PTSD diagnosis.
How Do I File a claim for VA Disability?
There are a number of steps to follow to submit an claim. You must first provide medical evidence, including medical opinion from a physician and lab results, or X-rays to prove that your condition meets VA’s definition of disability. It's often helpful to have your lawyer collect and submit this medical evidence as part of the initial filing to ensure that it is easier to process by the VA.
You must then undergo an exam for Compensation and Pensions (C&P). A federal VA rater will administer the exam. They will evaluate your symptoms and physical condition to determine if you're eligible for disability benefits. It's crucial to have appropriate documentation prior to taking this test to maximize your chances of obtaining the benefits you deserve.
After the C&P examiner has reviewed the medical evidence you submitted and has completed the exam you will be issued an official decision letter. This letter will contain an introduction, the decision of your disability and the amount of disability, a listing and a details of all medical evidence they considered and the reasons behind their decision.
Our firm can help you with the appeals procedure if your claim was denied or if you have received a rating which doesn't adequately compensate you for the symptoms you are experiencing. We can analyze the reasons for the reason your claim was denied and craft a comprehensive and strategic appeal to resolve the matter in your favor.
How can I contest a VA decision?
VA offers three options for claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and determine if the original decision is valid in light of a disagreement or an error that was made. This is a possibility for those who do not have new evidence to prove. The process can be completed within about 125 days.
The second option is to file a Supplemental Claim. This is an appeal in which the veteran can present new evidence, but it has to be fresh and relevant. It can also include non-medical evidence, such as lay statements (sworn statements of people who understand how your disability affects you). This type of appeal must be made within a year after a decision.
Another option is to file a formal appeal with the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will prepare a Statement of Case or SOC that will outline the laws and regulations used to reach the decision, and a list of evidence considered, and it will also explain the reasons behind the decision as either favorable, unfavorable or indeterminate.
The last option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most expensive and difficult option, but it could be the only way to ensure a fair outcome for your client.
How Much Will a Lawyer Charge for Appeals?
A good veteran disability attorney brings clarity to the appeals process. He or she can quickly determine what is missing from your initial claim to make it eligible for review and will assist you in choosing the most effective method to appeal an appeal. Analyzing the reasons for the denial, helping you in preparing medical evidence to support your claim, and presenting this evidence in a way that is appropriate is all essential to the job.
If a court or a judge orders a disabled veteran pay alimony, alimony that was ordered by a court, or child support, that veteran isn't allowed to ignore the order and continue to collect VA compensation benefits. This is a law that is well-known and there are penalties for breaking a court's order.
A recent settlement of a class action lawsuit could be a major win for
veterans disability lawyers with PTSD. Medical News Today reports the settlement will result thousands of veterans who had previously been denied disability benefits to receive lifetime benefits.
Jim an 58-year-old veteran, suffered an stroke that caused him to be permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his anticipated $100,000 settlement will affect his ability to claim these benefits. Jim understands that he must 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.