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bozeman veterans disability lawyer Disability Litigation

A lawyer can assist veterans file an initial claim for disability or to challenge a VA decision. However, current law prevents lawyers from charging fees 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 a lengthy appeals process for fixing any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation offers a cash reward to cover expenses such as housing assistance and medical care. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses and children of service members who have died during active duty or from their service-connected disabilities.

Tinnitus is the #1 most frequently reported disorder. It is a symptom that manifests when you hear a ringing sound in your ears, hissing or buzzing sounds, or other sounds however, you are unable to hear them.

Sciatica is among the most frequent conditions. Sciatica is a condition that occurs when a herniated disc bone spur compresses your sciatic nerve. The sciatic nerve is located in your lower spine through your buttocks and hips and down your legs. The numbness and pain can be felt in the buttocks and lower legs as well as the feet and can be severe.

The easiest condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This occurs when you experience frequent nightmares, Vimeo extreme anxiety or depression, or thoughts that are uncontrollable about a specific event that took place during your military service. You can achieve the PTSD rating that you deserve by making a convincing claim and citing an event that occurred during your military service. A traumatizing brain injury is the fourth most straightforward condition to be considered for and typically comes with a PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are several steps to be followed to submit an claim. First, you must provide medical evidence such as a doctor’s opinion, lab reports and X-rays to prove that your condition meets the VA’s definition of disability. It’s usually helpful to have your lawyer collect and submit this evidence as part of the initial filing to ensure that it is easier to process by the VA.

The next step is to take another Compensation and Pension (C&P) examination. A federal VA rater will take this exam. They will assess your physical and psychological symptoms in order to determine whether you are eligible for disability benefits. It’s important to have the appropriate documentation prior to taking this exam to maximize your chances of receiving the benefits you deserve.

After the C&P examiner has reviewed your medical evidence and completed the examination you will be issued a decision letter. The letter will include an introduction, a decision of your disability rating and specific amount, a listing of the medical evidence they reviewed and a description of the reasons they ruled against you in deciding.

Our firm can assist you with the appeals procedure if your claim has been denied or if you have received a rating which doesn’t adequately compensate you for the conditions you are experiencing. We can analyze the reasons for why your claim was denied and draft a thorough and strategic appeal to settle the matter in your favor.

How do I challenge a VA decision?

VA offers three options to claimants who disagree with a decision. First, a Senior Reviewer will look over the same evidence and determine whether the original decision is likely to alter based on a divergence of opinion or omission. This is a possibility for those who do not have new evidence to prove. The process can be completed within 125 days.

Second, you can submit a Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it has to be relevant and new. It may also contain non-medical evidence such as lay statements (sworn statements from people who understand how your disability affects you). This type of appeal should be filed within one year after a decision.

Thirdly you can make a formal complaint to the Board of ludlow veterans disability attorney Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will prepare an Statement of the Case or SOC which will describe the laws and regulations that were utilized in determining the decision, along with a list of evidence examined and a description of why the decision was made as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld in the end, the only alternative is to take the case to a federal appeal court. This is the most difficult path and can be expensive, but it is the only way to get a fair result for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals process. They can quickly determine what was missing from your initial claim to make it eligible for review and will assist you in choosing the most effective method to appeal an appeal. Examining the reasons behind the rejection, and assisting you with preparing medical evidence to support your claim, and presenting this evidence in a proper manner is all part of the job.

If a court decides that a disabled veteran must pay alimony ordered by the court or child support, that veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for breaking the court’s order.

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

Jim the veteran, who is 58 years old who suffered a stroke that caused him to be permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how the anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim recognizes that he must demonstrate that he is financially in need to continue receiving the monthly Pension payment, but he is wondering what can be done to reduce the impact on his other sources of income.