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Veterans Disability Litigation

A lawyer may help veterans file an initial disability claim or contest the VA decision regarding the claim. Currently, lawyers are not allowed to charge for initial claims.

Monk alleges that the VA denied his claim to benefits based on PTSD and an unfavorable discharge. 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 tax-free monthly benefits. Compensation offers a cash reward to cover things like medical care and housing assistance. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to parents, spouses, and children of deceased Service members while on active duty, or from their service-connected disabilities.

The most simple condition to claim is Tinnitus (ringing in the ear). It is a condition that manifests when you hear a ringing in your ears, a hissing sound, buzzing sounds, or any other sounds that you cannot hear them.

Sciatica is one of the more common conditions. It is caused by a herniated disk or bone spur can compress the sciatic nerve which runs from your lower back to your hips and buttocks and down each leg. Lower legs and buttocks are susceptible to being affected by pain and numbness.

Post Traumatic Stress (PTSD) is the third condition that is easy to qualify. It is possible to experience recurring nightmares, extreme anxiety, depression, or a recurring thought about an incident that occurred during your military service. You can obtain the PTSD rating you are entitled to by making a compelling claim and citing a stressful incident that occurred during your military service. A traumatic brain injury is the easiest condition to qualify for and usually accompanies the PTSD diagnosis.

How do I file a claim for VA Disability?

In order to file a claim, you need to follow some steps. First, you must submit medical evidence, like a doctor’s opinion, lab results and X-rays to prove that your condition falls within VA’s definition of disability. It is often beneficial to have your lawyer collect and submit this evidence as part of your initial filing to ensure that it is more easily processed by the VA.

Then, you have to pass the Compensation and Pension (C&P) test. This is conducted by an federal VA rater who will review your physical and psychological symptoms to decide whether or not you are eligible for disability benefits. It’s crucial to have appropriate documentation prior to taking this exam to maximize your chances of obtaining the benefits you deserve.

You will receive a letter of decision when the C&P examiner reviews your medical evidence and passes the examination. The letter will contain an introduction, the determining of your impairment and the amount of your disability, a list and a the description of all medical evidence they considered and the reasons behind their decision.

If your claim is rejected or you are awarded a rating that does not cover all of the issues you are suffering from, our firm can assist in the appeals process. We will determine the reason for the reasons for your claim being denied and prepare a comprehensive and strategic appeal to resolve the issue to your satisfaction.

How can I contest a VA decision?

VA provides three options to claimants who disagree with the decision. First, a Senior Reviewer will review the same evidence and determine whether the original decision could alter based on a divergence of opinion or error. This is an option for those who do not have new evidence to provide. It can be completed in about 125 days.

Second, you can file a Supplemental Claim. This is an appeal where the veteran can present new evidence, but it has to be original and relevant. It could also include non-medical evidence such as lay statements (sworn declarations from people who understand how your condition affects you). This appeal must be filed within a year following a decision.

Thirdly, you can file a formal complaint with the Board of veterans disability lawyers Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) once the appeal is filed. This will contain a listing of the evidence that was taken into account, the regulations and laws used in making the decision, as well as the reasons for why the decision was favorable, not favorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most difficult route and can be expensive, but it is the only method to get a fair result for your client.

What is the cost a lawyer will Charge for Appeals?

A veteran disability lawyer can assist to clarify the appeals process. He or she can quickly determine what was missing from your initial claim to allow it for review. They will also help you determine the best method to appeal a decision. The job includes examining the reasons for denial, assisting you in preparing medical evidence to prove your case and presenting the evidence in a way that is appropriate.

If a court requires a disabled veteran to pay court-ordered alimony 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 order of a judge.

A recent settlement in a class-action lawsuit could be a huge victory for veterans disability lawyers with PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously had to be denied disability benefits from receiving lifetime benefits.

Jim, a 58-year-old veteran was struck by a stroke and caused him to be permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly pension payment, but he’s not sure how he can minimize the impact on other income sources.