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Elwood Veterans Disability Law Firm Disability Litigation

Lawyers can assist veterans file a first disability claim or contest an VA decision on the claim. Currently, lawyers are not allowed to charge for the initial claims.

Monk claims that the VA denied him benefits based on PTSD and the discharge was not favorable. The VA has a lengthy appeals process to fixing any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is an unpaid benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation provides an amount of money to spouses, parents and children of service members who have died on active duty or as a result of service-related disabilities.

The easiest disability to establish is Tinnitus (ringing in the ear). This is a sign that occurs when you hear a ringing sound in your ears, a hissing sound, buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is among the most common ailments. Sciatica is a condition that occurs when a herniated disc bone spur compresses the sciatic nerve. The sciatic nerve is located in your lower spine to your buttocks, hips and down your legs. Numbness and pain are felt in the buttocks and lower legs as well as the feet, and can be very severe.

Post Traumatic Stress (PTSD) is the third most common condition that you can be eligible for. This is when you experience frequent nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about a specific event that occurred during your military service. A strong statement in support of the claim using a stressor that occurred in the course of service can help to get the PTSD rating you merit. A head injury that is traumatic is the fourth most common condition to get a rating for and is usually associated with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are a variety of steps to be followed to file a claim. First, you must provide 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 to have a lawyer collect the medical evidence and then submit it as part of your initial application so that the VA can review it faster.

Then, you must undergo an examination for Compensation and Pensions (C&P). A federal VA rater will perform the exam. They will evaluate your physical and emotional symptoms to determine if you qualify for disability benefits. It is crucial to have the necessary documentation prior to undergoing this exam so that you can maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has reviewed the medical evidence you submitted and has completed the exam, you will receive an official decision letter. This will contain an introduction, a determination of your disability rating as well as a the specific amount, a list of the medical evidence they considered and a description of the reasons they decided against you in making their decision.

If your claim is denied or you receive a rating that doesn’t compensate you for all of the issues you are suffering from, our firm will assist you in appealing the decision. We can determine the reasons behind the reason your claim was denied and draft a thorough and strategic appeal to resolve the issue in your favor.

What can I do to challenge a VA decision?

VA offers three options to choose from when a person disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and decide if the original decision could be modified because of a difference of opinion or an error made. This is a viable option for a person who does not have new evidence to present and can be completed in one hundred and fifty days.

Then, you can submit an Supplemental Claim. This is an appeal where an individual with a disability can submit new evidence, but it has to be relevant and new. It can also include nonmedical evidence, such as lay statements. These are sworn statements by people who understand the way your disability affects. This type of appeal should be made within a year following the decision.

Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This is done by submitting an VA Form 21-0958 and a Notice of Disagreement. The regional office will prepare an SOC (Statement of the case) when the appeal is filed. This will include a list evidence that was taken into consideration, the laws and regulations utilized in making the decision, as well as the reasons why the decision was favourable, unfavorable or indeterminate.

The last option is to appeal to a federal court in the event that the decision of the BVA is upheld. This is the most costly and time-consuming route, but it might be the only way to obtain a fair decision for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals procedure. He or she will 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 the decision. Scrutinizing the reasons for the denial, assisting you in preparing medical evidence to support your claim, and presenting your evidence in a way that is appropriate are all part of the job.

If a court decides that a disabled veteran must pay court-ordered alimony or child support, the veteran cannot ignore the order and continue to collect VA compensation benefits. This is a widely recognized law, and there are penalties when you do not comply with a court order.

A recent settlement of 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 thousands of glen carbon veterans disability attorney who were previously denied disability benefits.

Jim the veteran, who is 58 years old had a stroke that left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim is curious to know whether the $100,000 settlement will impact his ability to receive these benefits. Jim realizes that he needs to 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 other sources of income.