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Veterans Disability Litigation

A lawyer can help a veteran to make an initial claim for disability, or contest the validity of a VA decision. However, the law currently prohibits lawyers from charging fees for assistance with an initial claim.

Monk alleges that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has a long appeals procedure to rectify any unfavorable decisions.

What is 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 housing and medical expenses. Dependency and Indemnity Compensation (DIC) offers the parents, spouses, and children of service members who have died in active duty or from service-related disabilities.

The most common condition to be diagnosed with is Tinnitus (ringing in the ear). This is a sign that manifests when you hear ringing in your ears, hissing or buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is another of the easier conditions to be able to treat. Sciatica is a condition that occurs when a herniated disc bone spur puts pressure on your sciatic nerve. The sciatic nerve runs from your lower spine through your buttocks and hips and down your legs. The lower and buttocks can be affected by the pain and numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can qualify. It is a condition that occurs when you experience recurring nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about an event that took place during your military service. A strong statement in support of the claim with a stressor that occurred during your service can help you get the PTSD rating you are entitled to. A head injury that is traumatizing is the fourth easiest condition to qualify for and is usually associated with a PTSD diagnosis.

How do I make a claim for a VA Disability?

To file a claim, you must follow a few steps. You must first provide medical evidence, like the opinion of a doctor, lab results and X-rays, to prove that your condition meets VA’s definition of disability. It’s often helpful to have your lawyer collect the medical evidence as part of your initial filing to ensure that it is easier to process by the VA.

Next, you must undergo another Compensation and Pension (C&P) examination. It will be administered by a federal VA rater who will review your physical and mental health to determine if you are eligible for disability benefits. It’s crucial to have proper documentation before undergoing this test to maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has assessed the medical evidence you submitted and has completed the exam you will be issued an official decision letter. This letter will include an introduction, the decision of your disability, the amount, a list and the description of all medical evidence they considered and the reasons for their decision.

Our firm is able to assist with the appeals procedure if your claim was rejected or if you’ve received a rating that is not enough to compensate you for the issues you are experiencing. We can analyze the reasons for the reason your claim was denied and then prepare a thorough and strategic appeal to end the issue to your satisfaction.

How can I contest a VA decision?

VA offers three options to applicants who disagree with the decision. First, a Senior Reviewer will review the same evidence and determine whether the initial decision could change based on a difference of opinion or an omission. This is a great alternative for a claimant who does not have any new evidence to submit and it can be completed within 120 days.

The second option is to submit an Supplemental Claim. It is an appeal in which veterans can add new evidence, but it has to be relevant and new. It can also be accompanied by non-medical evidence like lay statements (sworn statements from those who understand how your disability affects you). This type of appeal must be filed within a year following a decision.

A third alternative is to submit a formal appeal to the Board of veterans disability Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will prepare an Statement of the Case or SOC that will outline the laws and regulations that were used in reaching the decision, a list of the evidence considered, and it will also explain the reasons behind the decision as either favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court in the event that the decision of the BVA is upheld. This is the most difficult route and may be costly, however it could be the only way to ensure the best possible outcome for your client.

How Much Will a Lawyer Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals process. He or she will swiftly determine what is missing from your claim to make it eligible for review and assist you in deciding the best way to appeal a ruling. Analyzing the reasons for the denial, helping you in developing medical evidence to support your claim, and presenting your evidence in a proper manner is all part of the job.

If an order from a court requires that disabled veterans pay alimony or child maintenance and child maintenance, the veteran can’t ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and there are penalties in the event of a violation of an order of a court.

A recent settlement in a class action lawsuit could be a major victory for veterans disability attorney with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a number of veterans who had previously been denied disability benefits.

Jim the veteran, who is 58 years old was struck by a stroke and caused him to be permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will impact his eligibility for 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.