Veterans Disability Litigation

A lawyer can help veterans file a first disability claim or contest a VA decision regarding the claim. Currently, lawyers are not allowed to charge for initial claims.

Monk claims that the VA denied benefits due to PTSD and a discharge that was not favorable. The VA has an extensive appeals process for correcting any unfavorable decisions.

What is a VA Disability Claim?

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 expenses or housing assistance. Dependency and Indemnity Compensation provides the parents, spouses, and children of Service members who died on active duty or due to disability related to service.

The most common condition to establish is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear hissing, ringing, buzzing, or other sounds coming from one or both ears. The sound can only be heard by you, and not to other people who have it.

Sciatica is among the most frequent conditions. It occurs when an injury to the disk or bone spur causes compression of the sciatic nerve which runs from your lower back through your buttocks, hips and down each leg. The numbness and pain can be felt in the buttocks and lower legs as well as the feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third most common condition that you can be able to qualify for. This occurs when you experience frequent nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that happened in your military service. A convincing argument in support of the claim by citing the stressor firm that occurred in the course of service can help get the PTSD rating you deserve. A traumatic brain injury is the fourth most straightforward condition to be eligible for and typically comes with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

To file a claim you'll need to go through certain steps. You must first submit medical evidence, such as medical opinion from a physician and lab results as well as the X-rays that prove your condition is in line with VA's definition of disability. It's often helpful to have your lawyer gather the medical evidence and submit it as part of your initial filing to ensure that it is more easily processed by the VA.

You then need to go through an exam called Compensation and Pensions (C&P). A federal VA rater will take the exam. They will evaluate your symptoms and physical condition to determine if you're eligible for disability benefits. You must have all the necessary documentation to maximize your chances of receiving benefits.

You will receive a letter of decision when the C&P examiner has reviewed your medical evidence and completes the exam. The letter will contain an introduction, the decision of your disability and the amount, a list and description of all medical evidence they considered as well as any reasons for their decision.

If your claim is denied or you receive an amount that does not cover all of the symptoms that you suffer from, our firm can assist you in appealing the decision. We can assist you in appealing an appeal against a denial through the preparation of a comprehensive appeal.

What can I do to challenge a VA decision?

VA offers three options for those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and determine if the original decision can be changed in light of a disagreement or an error that was made. This is a great option for a claimant that does not have any new evidence to submit and it can be completed in the 125 days.

The second option is to make an Supplemental Claim. It is an appeal in which an individual with a disability can submit new evidence, but it has to be new and relevant. It can also include nonmedical 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 made within a year of a decision.

A third alternative is to make a formal appeal to the Board of Veterans Appeals. This is done by submitting an VA Form 21-0958, also known as a Notice of Disagreement. The regional office will prepare an SOC (Statement of the Case) after the appeal is filed. This will include a list of evidence considered, the laws and regulations used in making the decision, as well as the reasons behind why the decision was favourable, unfavorable or indeterminate.

The final option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most expensive and difficult option, but it could be the only option to ensure a fair outcome for your client.

How much will a lawyer Charge for appeals?

A seasoned disability attorney can help you understand the appeals process. He or she will quickly determine what was missing from your initial claim in order to qualify it for review. He or she will help you determine the best method to appeal a decision. Analyzing the reasons for the denial, helping you in making medical evidence to back your claim, and presenting this evidence in a proper manner is all necessary steps.

If a judge orders a disabled veteran to pay alimony or child support, the veteran isn't able to disregard the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for breaking an order of a court.

A recent settlement of a class action lawsuit may be a major win for pontiac veterans disability lawsuit with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans who had previously been denied disability benefits.

Jim the veteran, who is 58 years old had 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 impact his ability to receive these benefits. Jim realizes that he has to prove that he is in need of the monthly Pension payment, but he wonders how he could minimize the impact on other income sources.