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Veterans Disability Litigation

A lawyer can help veterans disability start a claim for disability benefits or challenge a VA decision. However, current law prevents lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA denied benefits due to PTSD and an unfavourable discharge. favorable. The VA has an extensive appeals process for rectifying any decisions that are not in the best interest of the public.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation (DIC) offers financial assistance to parents, spouses and children of Service members who died while on active duty, or through service-related injuries.

The easiest disability to prove is Tinnitus (ringing in the ear). The symptom is when you hear a ringing, hissing buzzing or other sounds from the ear of one or both and can only be heard by you, in contrast to other people who have it.

Sciatica is another one of the most common conditions to be diagnosed with. It happens when a herniated disk or bone spur causes compression of the sciatic nerve which runs from your lower back through your buttocks and hips as well as down each leg. The lower and buttocks can be affected by the pain and feeling of numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to be able to qualify for. It’s when you have repeated nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about a specific event that took place during your military service. You can achieve the PTSD rating you merit by making a solid claim and citing a stressful event that occurred during your military service. A traumatizing brain injury is among the easiest condition to be eligible for and typically comes with a PTSD diagnosis.

How Do I File a claim for VA Disability?

To file a claim, you must follow a few steps. First, you must provide medical evidence, such as the opinion of a doctor or lab report, as well as X-rays to prove that your condition is within the VA’s definition of disability. It is a good idea for a lawyer to collect the medical evidence and then include it in your initial application so that the VA can review it more easily.

Then, you have to pass a Compensation and Pension (C&P) exam. A federal VA rater will perform this exam. They will examine your physical and psychological symptoms in order to determine whether you are eligible for disability benefits. You must have all the documentation required to increase your chances of obtaining benefits.

After the C&P examiner has assessed the medical evidence you submitted and has completed the examination you will be issued an official decision letter. This will contain an introduction, a declaration of your disability status and specific amount, a listing of the medical evidence they considered and a list of any reasons why they decided against you in deciding.

If your claim is denied or you receive a rating that doesn’t cover all of the symptoms that you suffer from, our company can help with the appeals process. We can determine the reasons behind the reasons for your claim being denied and craft a comprehensive and strategic appeal to end the issue in your favor.

How can I contest a VA decision?

VA has three paths to consider when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence over again and determine if the initial decision could be modified based on difference of opinion or an error made. This is an option for those who do not have new evidence to provide. It can be completed within 125 days.

The second alternative is to file a Supplemental Claim. This is an appeal in which veterans can provide new evidence, but it needs to be relevant and new. It could also include non-medical evidence like lay statements (sworn declarations from people who understand how your condition affects you). This type of appeal should be submitted within one year following the decision.

Thirdly you can file a formal complaint with the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will draft an Statement of the Case or SOC which will identify what laws and regulations were used to reach the decision, as well as a list of evidence that was considered, and it will also explain why the decision was made as either favorable, unfavorable or indeterminate.

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

How much will a lawyer Charge for appeals?

A veteran disability lawyer can help to clarify the appeals process. He or she will quickly determine what is missing from your initial claim in order to qualify it for review. They will also assist you in choosing the most effective method to appeal an appeal. The job includes examining the reasons for denial, helping you develop medical evidence to support your case and presenting the evidence in a proper way.

If a court orders that disabled veterans pay child maintenance or alimony, the veteran cannot ignore the order and continue receive VA compensation benefits. This is a widely-recognized law and there are consequences for violating the order of a judge.

A recent settlement in a class action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will result thousands of veterans who had previously been denied disability benefits from receiving lifetime benefits.

Jim is a veteran of 58 years who suffered a stroke that caused him to be permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know whether his $100,000 settlement will impact his ability to receive these benefits. Jim knows he has to prove that he’s in need of the monthly Pension payment, but he’s not sure how he could minimize the impact on his other income sources.