Veterans Disability Litigation

Lawyers can assist veterans file a first disability claim or challenge an VA decision on the claim. However, current law prohibits lawyers from charging for assistance with an initial claim.

Monk claims that the VA refused to grant him benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process for fixing any erroneous decisions.

What Is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash payment to pay for things such as housing assistance and medical care. Dependency and Indemnity Compensation offers an amount of money to spouses, parents and children of Service members who have died on active duty or because of service-related injuries.

Tinnitus is among the top most commonly reported condition. This symptom occurs when you notice a hissing, ringing buzzing, or other sounds in either or both ears. It is only heard by you, in contrast to those who have it.

Sciatica is among the most common ailments. 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 Veterans Disability buttocks are susceptible to being affected by pain and feeling of numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to qualify. This occurs when you experience recurring nightmares, extreme anxiety, depression or uncontrollable thoughts about an incident that took place during your military service. You can achieve the PTSD rating you are entitled to by making a compelling claim and citing a stressful event that occurred during your military service. A traumatic brain injury is the 4th most common condition to be eligible for and usually accompanies an PTSD diagnosis.

How do I submit a claim for VA Disability?

In order to file a claim, you'll need to go through some steps. First, you need to submit medical evidence like the opinion of a doctor and lab reports as well as Xrays to prove that your condition falls within the VA's definition of disability. It is usually beneficial for a lawyer to collect the medical evidence and then provide it as part of your initial application, so that the VA will be able to process it more easily.

You must then undergo a Compensation and Pensions (C&P). This will be performed by a federal VA rater who will examine your physical and psychological symptoms to determine if you are eligible for disability benefits. You should have all the necessary documentation to increase your chances of receiving benefits.

After the C&P examiner has examined the medical evidence you submitted and has completed the examination, you will receive the decision letter. The letter will include an introduction, a determination of your disability, the amount of your disability, a list and a the description of all medical evidence that was reviewed and the reasons behind their decision.

Our firm is able to assist in completing the appeals process if your claim has been denied or if you have received a rating that is not enough to compensate you for the conditions you are experiencing. We can help you appeal a denial of your claim by preparing a thorough appeal.

What can I do to challenge a VA Decision?

VA provides three options to applicants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence again and decide if the original decision could be modified due to a difference of opinion or an error that was made. This is a viable alternative for a claimant who does not have any new evidence to provide and can be completed in 120 days.

The other alternative is to submit 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 can also include non-medical evidence such a lay statements (sworn statements from those who understand how your disability affects you). This type of appeal must be submitted within one year of a decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958, a Notice of Disagreement. Once the appeal is filed the regional office will prepare a Statement of the Case or SOC which will identify the laws and regulations used to reach the decision, along with a list of evidence taken into consideration and will explain the reasons for the decision as either favorable, 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 difficult path and may be costly, however it could be the only way to ensure an equitable outcome for your client.

What is the cost a lawyer will charge for an appeal?

A skilled veteran disability attorney provides clarity to the appeals process. He or she will swiftly determine what is missing from your claim, making it eligible to be reviewed and assist you in deciding the best way to appeal a decision. Analyzing the reasons for the denial, helping you in preparing medical evidence to support your claim, and presenting this evidence in a proper manner are all essential to the job.

If the court orders that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran cannot evade this order and continue to receive VA compensation benefits. This is a widely recognized law and there are penalties if you violate the order of a judge.

A recent settlement of a class action lawsuit could be a significant win for veterans with PTSD. Medical News Today reports the settlement will enable thousands of brawley veterans disability lawyer who previously were denied disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who suffered a stroke that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know the impact of his $100,000 settlement on his affect his eligibility to receive these benefits. Jim knows that he needs to prove that he's in need of the monthly Pension payment, but he's wondering how he can reduce the impact on his other income sources.

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Pub: 19 Apr 2024 05:40 UTC
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