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doraville veterans disability law firm Disability Litigation

A lawyer can help adelanto veterans Disability lawsuit submit an initial claim for disability or challenge the validity of a VA decision. However, current law prohibits lawyers from charging for assistance with a claim for the first time.

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 making amends to any decision that is not favorable.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to cover things like medical care and housing assistance. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses, and children of Service members who died during active duty or from service-related disabilities.

Tinnitus is the most common disability. The symptom is when you notice a hissing, ringing buzzing or other sounds from one or both ears and can only be heard by you, in contrast to others who also suffer from it.

Sciatica is one of the more common conditions to be able to treat. It happens when an injured disk or bone spur causes compression of the sciatic nerve which runs from your lower back through your buttocks, hips and down each leg. Lower legs and buttocks are susceptible to being affected by discomfort and feeling of numbness.

Post Traumatic Stress (PTSD) is the third condition that is easy to be eligible for. It is possible to experience recurring nightmares, extreme anxiety, depression, or uncontrollable thoughts about an event that occurred during your military service. A convincing defense of the claim using the source of the stressor during your service may help you achieve the PTSD rating you merit. A traumatizing brain injury is among the most simple condition to be considered for and typically comes with the PTSD diagnosis.

How Do I File a claim for VA Disability?

There are several steps that must be taken to submit an application. You must first submit medical evidence, such as an opinion from a doctor, lab results and X-rays, to prove that your condition meets VA’s definition of disability. It’s usually helpful to have your lawyer collect and submit this medical evidence as part of your initial application to ensure that it is more easily processed by the VA.

Then, you must undergo an examination for Compensation and Pensions (C&P). This is conducted by an federal VA rater who will examine your physical and medical conditions to determine if you are eligible for disability benefits. You should have all the required documentation to maximize your chances of receiving benefits.

You will receive a letter of decision after the C&P examiner reviews your medical evidence and passes the exam. The letter will include an introduction, a decision of your disability rating and the specific amount, a list of the medical evidence they considered and a brief description of any reasons they ruled against the decision.

Our firm can help you with the appeals procedure if your claim was denied or you have received a rating which doesn’t adequately compensate you for the conditions you are experiencing. We can help you appeal an appeal against a denial through the preparation of a comprehensive appeal.

How do I challenge a VA decision?

VA has three avenues to consider when a claimant disagrees 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 can be changed due to a difference of opinion or an error that was made. This is an option for those who don’t have new evidence to present. The process can be completed in 125 days.

Then, you can make an Supplemental Claim. This is an appeal process where the veteran can present new evidence, however it must be to be fresh and relevant. It may also contain non-medical evidence, such as lay statements. These are statements that are sworn by people who understand the way your disability affects. This appeal must be filed within one year following the decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This is done by filing an VA Form 21-0958 and a Notice Of Disagreement. The regional office will draft an SOC (Statement of the case) once the appeal has been filed. This will contain a list of evidence taken into consideration, the regulations and laws used to reach the decision and the reasons for why the decision was favorable, unfavorable or indeterminate.

If the BVA decision is upheld, the final option is to refer the case to a federal appeals court. This is the most costly and difficult path, but it may be the only option to obtain a fair decision for your client.

How Much Will a Lawyer Charge for appeals?

A good veteran disability attorney can help you understand 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. The job entails analyzing the reasons for denial, assisting you in preparing medical evidence to support your claim and presenting your evidence in a correct manner.

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

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

Jim the veteran, who is 58 years old was struck by a stroke and caused him to be permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim is interested in knowing the impact of his $100,000 settlement on his affect his eligibility to receive these benefits. Jim knows that he has 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.