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Veterans Disability Litigation

A lawyer can assist a veteran to make an initial claim for disability benefits or contest the validity of a VA decision. Lawyers are currently not allowed to charge for the initial claims.

Monk claims that the VA denied benefits due to PTSD and an unfavourable discharge. favorable. The VA has an extensive appeals process for fixing any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation provides a cash payment to pay for things like medical care and housing assistance. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses, and children of Service members who have passed away on active duty or due to disabilities related to service.

Tinnitus is the most frequently reported disorder. The symptom is when you hear ringing, hissing, buzzing or other sounds from one or both ears and can only be heard by you, in contrast to other people who have it.

Sciatica is one of the conditions that is easier to be able to treat. Sciatica is a condition that occurs when a herniated disc or bone spur compresses your sciatic nerve. This nerve is located in the lower part of your spine through your buttocks and hips and down your legs. The pain and numbness are felt in the buttocks and lower legs as well as the feet. It can be quite severe.

The 3rd most simple condition to qualify for is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience recurring nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an incident that took place during your military service. You can achieve the PTSD rating that you are entitled to by making a compelling claim and citing a stressful incident that happened during your service. A traumatic brain injury is the 4th most common condition to qualify for and is usually associated with a PTSD diagnosis.

How do I make a claim for a VA Disability?

In order to file a claim, you must follow some steps. You must first provide medical evidence, like a doctor’s opinion and lab results, or the X-rays that prove your condition meets VA’s definition of disability. It's usually beneficial to have your lawyer collect and submit this medical evidence in your initial filing to ensure that it is more easily processed by the VA.

The next step is to take an Compensation and Pension (C&P) test. This will be performed by an federal VA rater who will evaluate your symptoms and physical condition to decide whether or not you are eligible for disability benefits. It is essential to have the proper documentation before undergoing this exam to maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has assessed the medical evidence you submitted and has completed the examination you will be issued a decision letter. The letter will include an introduction, a determination of your disability and amount of disability, a listing and a an explanation of the medical evidence that was considered and the reasons for their decision.

Our firm is able to assist with the appeals process in case your claim has been denied or you have received a rating which doesn't adequately compensate you for the issues you are experiencing. We can determine the reasons behind the reasons for your claim being denied and draft a thorough and strategic appeal to settle the issue to your satisfaction.

How do I challenge a VA Decision?

VA has three paths to choose from when a person is not happy with a decision. First the Senior Reviewer will look over the same evidence and determine whether the initial decision could be altered due to a difference of opinion or absence. This is a great alternative for a claimant who does not have new evidence to present and it can be completed in one hundred and fifty days.

The second option is to make an Supplemental Claim. This is an appeal process where a veteran can add new evidence, but it has to be fresh and relevant. It could also include non-medical evidence, like lay statements. These are sworn statements by people who understand the way your disability affects you. This appeal has to be filed within one year after a decision.

Another alternative is to submit a formal appeal to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958, also known as a Notice of Disagreement. Once the appeal has been filed the regional office will draft a Statement of the Case or SOC which will detail what laws and regulations were used to make the decision, along with a list of evidence that was considered and it will describe the reasons behind the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is upheld then the only option left is to take the case to a federal appeals court. This is the most difficult route and can be expensive, but it could be the only method to get an equitable outcome for your client.

How much will a lawyer charge for an appeal?

A good veteran disability attorney brings clarity to the appeals process. They can quickly determine what is missing from your initial claim in order to qualify it for review. They will also assist you in deciding the best method to appeal an appeal. Analyzing the reasons for the rejection, and assisting you with preparing medical evidence to support your claim, and presenting the evidence in a professional manner are all part of the job.

If a court decides that a disabled veteran must pay alimony ordered by the court or child support, the veteran isn't able to disregard the order and continue to collect VA compensation benefits. This is a law that is well-known and there are penalties for violating an order of a court.

A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a number of veterans disability attorney previously denied disability benefits.

Jim is a 58-year old veteran who suffered a stroke that left him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim would like to know whether the $100,000 settlement will affect the ability to receive these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly pension payment, but he wonders what could be done to minimize the effect on his other sources of income.