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Veterans Disability Litigation

Lawyers can assist veterans file a first disability claim or contest a VA decision regarding the claim. However, the law currently prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk alleges that the VA denied his claim for benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals process for making amends to any decision that is not favorable.

What is a VA Disability Claim?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is a cash benefit to pay for things such as housing and medical treatment. Dependency and Indemnity Compensation offers the parents, spouses and children of Service members who have died on active duty or because of service-related injuries.

Tinnitus is by far the most commonly reported condition. This is a symptom that occurs when you hear ringing in your ears, the sound of hissing or buzzing sounds, or other sounds, but only you can hear them.

Sciatica is another one of the most common conditions to qualify for. It can occur when a herniated disc or bone spur puts pressure on the sciatic nerve which runs from your lower back through your buttocks and hips as well as down each leg. The lower legs and buttocks may be affected by discomfort and the sensation of numbness.

The most common condition you can be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This occurs when you experience repeated nightmares, extreme anxiety or depression or uncontrollable thoughts regarding a specific incident that took place during your military service. You can get the PTSD rating you merit by making a solid claim and citing a stressful event that occurred during your military service. A traumatic brain injury is the 4th most common condition to be eligible for and typically comes with the PTSD diagnosis.

How Do I File a claim for VA Disability?

There are several steps to follow to start a claim. First, you must submit 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 is usually beneficial to have a lawyer gather this medical evidence and submit it with your initial application, so that the VA will be able to process it faster.

You must then undergo an examination for Compensation and Pensions (C&P). A federal VA rater will take this test. They will assess your physical and psychological symptoms to determine whether you are eligible for disability benefits. You should have all the necessary documentation to increase your chances of obtaining benefits.

After the C&P examiner has reviewed the medical evidence you submitted and has completed the examination you will receive an official decision letter. The letter will contain an introduction, the determination of your disability and the amount of disability, a listing and a description of all medical evidence they considered and Veterans disability law firms the reasons for their decision.

If your claim is rejected or you receive an amount that does not cover all of the symptoms that you are suffering from, our firm can help with the appeals process. We can help you appeal an appeal against a denial by preparing a comprehensive appeal.

How can I challenge a VA Decision?

VA has three paths to choose from when a person disagrees with a decision. First, a Senior Reviewer will review the same evidence to determine whether the initial decision could alter based on a divergence of opinion or an exclusion. This is an option for those who do not have new evidence to provide. The process can be completed within one hundred and fifty days.

The second alternative is to file an Supplemental Claim. This is an appeal in which Veterans disability law firms can provide new evidence, but it has to be original and relevant. It could also include non-medical evidence, like lay statements. These are sworn statements from people who are aware of how your disability affects you. This appeal has to be filed within a year after the date of a decision.

Another option is to submit a formal appeal to the Board of veterans disability lawyer Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will draft a Statement of Case or SOC which will identify the laws and regulations that were used in reaching the decision, as well as a list of evidence considered and it will describe the reasons for the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most costly and difficult path, but it may be the only way to get a fair result for your client.

How much will a lawyer charge for an appeal?

A skilled veteran disability lawyer can help you understand the appeals process. They will quickly determine what is missing from your claim, making it eligible to be reviewed and help you decide on the best method to appeal a decision. The job includes examining the reasons behind refusal, helping you create medical evidence to support your claim and presenting the evidence in a proper way.

If a court orders a disabled veteran to pay alimony or child support, the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-known law and carries a penalty when you do not comply with the order of a judge.

A recent settlement of a class action lawsuit may 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, a 58-year-old veteran was struck by a stroke and made him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim would like to know the impact of his $100,000 settlement on his affect his eligibility 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 wonders what can be done to minimize the effect on his other sources of income.