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veterans disability lawyers Disability Litigation

A lawyer can assist a veteran file an initial disability claim or challenge the VA decision on the claim. Currently, lawyers are not allowed to charge fees for initial claims.

Monk claims that the VA denied benefits due to PTSD and the discharge was not favorable. The VA has an extensive appeals procedure to rectify any unfavorable determinations.

What is an VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation provides cash payments to spouses, parents and children of Service members who have died while on active duty or due to disability related to service.

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

Sciatica is one of the most frequently encountered conditions. Sciatica is a condition that occurs when a herniated disk or bone spur can compress the sciatic nerve. The sciatic nerve runs from your lower spine to your hips, buttocks, and down your legs. The buttocks and lower legs can be affected by the discomfort and feeling of numbness.

The easiest condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares or extreme anxiety depression, or an uncontrollable thoughts about an incident that happened during your military service. A convincing argument in support of the claim with an event that caused stress during your service may help you achieve the PTSD rating you are entitled to. A traumatic head injury is the fourth most common condition to qualify for and usually comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim you’ll need to go through certain steps. First, you need to submit medical evidence such as a doctor’s opinion and lab reports as well as Xrays to establish that your condition meets the VA’s definition of disability. It is a good idea to have a lawyer collect this evidence medically and include it in your initial application so that the VA can review it more easily.

Then, you must undergo an exam called Compensation and Pensions (C&P). This is conducted by a federal VA rater who will evaluate your symptoms and physical condition to decide whether or not you qualify for disability benefits. It is essential to have the proper documentation before undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has examined your medical evidence and completed the examination you will receive a decision letter. This letter will contain an introduction, the decision of your disability and the amount of your disability, a list and a description of all medical evidence that was reviewed as well as any reasons for their decision.

If your claim is denied or you receive a rating that does not cover all of the ailments you suffer from, our firm can assist in the appeals process. We can help you appeal a denial of your claim by preparing a thorough appeal.

How can I contest a VA decision?

VA offers three options for claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine if the initial decision could be modified based on difference of opinion or an error that was made. This is an option for those who do not have new evidence to support their claim. It can be completed in the 125 days.

The second option is to submit a Supplemental Claim. This is an appeal process where the veteran can present new evidence, but it needs to be new and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn statements from those who understand Veterans disability law Firms how your disability affects you). This type of 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 a VA Form 21-0958 or a Notice Of Disagreement. After the appeal has been filed, the regional office will draft a Statement of the Case or SOC which will describe the laws and regulations that were utilized in determining the decision, a list of evidence taken into consideration and will explain the reasons for 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 confirmed. This is the most difficult and expensive route, but it might be the only way to get a fair outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A skilled veteran disability lawyer can help you understand the appeals process. He or she will quickly determine what is missing from your claim, making it eligible to be reviewed and help you decide on the best way to appeal a ruling. The job involves analyzing the reasons for refusal, helping you create medical evidence to prove your case and presenting the evidence in a way that is appropriate.

If the court orders that a disabled veteran pay child maintenance or alimony and child maintenance, the veteran can’t ignore this order and continue to receive VA compensation benefits. This is a law that is well-known and there are penalties for breaking an order of a court.

A recent settlement of a class action lawsuit could be a significant win for veterans disability with PTSD. Medical News Today reports the settlement will allow thousands Veterans Disability Law Firms who previously were not eligible for disability benefits to receive lifetime benefits.

Jim an 58-year-old veteran who suffered a stroke that left him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim wants to know how his expected $100,000 settlement will affect his ability to claim these benefits. Jim understands that he must prove that he has the financial 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.