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Veterans Disability Litigation

A lawyer can assist shoreview Veterans Disability lawsuit submit an initial claim for disability or to contest an VA decision. However, the law currently prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk alleges that the VA refused to grant him benefits due to PTSD and an unfavorable discharge. The VA has an extensive appeals process to correct any erroneous determinations.

What is a VA Disability Claim?

A VA disability claim is an 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 financial assistance to parents, spouses and children of service members who have died while on active duty or due to their service-related disabilities.

The most simple condition to be diagnosed with is Tinnitus (ringing in the ear). This is a sign that occurs when you hear ringing in your ears, hissing, buzzing sounds, or other sounds, but only you can hear them.

Sciatica is one of the most common ailments. Sciatica occurs when a herniated disk or bone spur compresses the sciatic nerve. The sciatic nerve is located in the lower part of your spine through your buttocks, hips, and down your legs. The buttocks and lower legs can be affected by discomfort and the sensation of numbness.

The most common condition you can qualify for is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety or depression, or an uncontrollable thoughts about an incident that happened during your military service. You can achieve the PTSD rating that you deserve by making a strong claim and citing an event that occurred during your service. A traumatic head injury is the fourth condition that is easy to qualify for and usually comes with a PTSD diagnosis.

How Do I File a claim for VA Disability?

To file a claim, you must follow the steps. The first step is to submit medical evidence, such as the opinion of a doctor or lab report, as well as X-rays to establish that your condition is within the VA’s definition of disability. It is often helpful to get a lawyer to gather the medical evidence and submit it as part of your initial application so that the VA can process it more easily.

Then, you’ll have to take the Compensation and Pension (C&P) examination. A federal VA rater will conduct this test. They will evaluate your physical and psychological symptoms to determine if you’re eligible for disability benefits. It’s important to have the proper documentation before undergoing this exam so that you can maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has reviewed your medical evidence and completed the examination, you will receive an official decision letter. The letter will include an introduction, a declaration of your disability status and the exact amount, a list of the medical evidence they reviewed and a list of any reasons they ruled against you when they made their decision.

Our firm can help you in completing the appeals process if your claim was denied or you’ve received a rating which does not adequately compensate you for the ailments you’re experiencing. We can analyze the reasons for the reason your claim was denied and then prepare a thorough and strategic appeal to settle the issue in your favor.

How can I challenge a VA Decision?

VA has three paths to consider when a claimant is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and determine if the initial decision is based on difference of opinion or an error that was made. This is an option for those who do not have new evidence to provide. It can be completed in one hundred and fifty days.

The second option is to make a Supplemental Claim. This is an appeal where the veteran can present new evidence, however it must be to be relevant and new. It can also include non-medical evidence such a lay statements (sworn declarations from people who understand how your disability affects you). This type of appeal must be made within a year after a decision.

A third option is to submit a formal appeal to the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will draft an Statement of the Case or SOC that will outline the laws and regulations used in reaching the decision, and a list of evidence that was considered and it will describe the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to take the case to a federal appeals court. This is the most expensive and difficult path, but it may be the only option to get a fair outcome for your client.

What is the average amount a lawyer can charge for an appeal?

A skilled veteran disability lawyer provides clarity to the appeals process. They’ll quickly determine what is missing from your claim to make it eligible for review and assist you in deciding the best method to appeal a decision. Reviewing the reasons for denial, helping you in creating medical evidence to support your claim, and presenting the evidence in a professional manner are all essential to the job.

If a court or a judge orders a disabled veteran pay alimony ordered by the court or child support, that veteran isn’t allowed to ignore the order and continue to collect VA compensation benefits. This is a well-recognized law and there are penalties for ignoring a court’s order.

A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of charleston veterans disability lawyer previously denied disability benefits.

Jim is a 58-year veteran who had a stroke which left him permanently disabled. He receives a pension from the VA, but also SSI and Medicaid payments. Jim would like to know if his $100,000 settlement will affect his eligibility for these benefits. Jim recognizes that he must show that he has financial need to continue receiving the monthly pension payment, but he wonders what could be done to reduce the impact on his other sources of income.