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north platte veterans disability lawyer Disability Litigation

A lawyer can help veterans file a first disability claim or challenge the VA decision on the claim. However, current law prevents lawyers from charging for assistance with an initial claim.

Monk claims that the VA denied him benefits based on PTSD, and a discharge that was not favorable. The VA has a lengthy appeals procedure for fixing any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation offers the parents, spouses, and children of service members who died on active duty or due to service-related injuries.

Tinnitus is among the top most frequent ailment. This is a sign that manifests when you hear a ringing in your ears, a hissing sound, buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is among the more common conditions. Sciatica is a condition that occurs when a herniated disc bone spur puts pressure on the sciatic nerve. This nerve runs from your lower spine to your buttocks and hips and down your legs. Numbness and pain are felt in the buttocks, lower legs, and feet, and can be very severe.

Post Traumatic Stress (PTSD) is the third most common condition that you can be considered for. This is when you experience constant nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident which occurred during your military service. You can earn the PTSD rating that you merit by making a solid claim and citing an event that took place during your time of service. A brain injury that is traumatic is the fourth most straightforward condition to qualify for and usually comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

In order to file a claim, you’ll need to follow the steps. First, you must submit medical evidence such as an opinion from a doctor or lab reports, X-rays and lab reports to establish that your condition is within the VA’s definition of disability. It is a good idea to have a lawyer gather the medical evidence and then submit it with your initial application, so that the VA can review it more easily.

Then, you’ll have to take another Compensation and Pension (C&P) examination. A federal VA rater will take this test. They will evaluate your physical and emotional symptoms to determine if you are eligible for disability benefits. You must have all the required documentation in order to increase your chances of obtaining benefits.

Once the C&P examiner has looked over the medical evidence you submitted and has completed the exam, you will receive the decision letter. The letter will include an introduction, a determination of your disability rating and the exact amount, a list of the medical evidence they considered and a list of any reasons why they did not choose you in deciding.

Our firm is able to assist in completing the appeals process if your claim was rejected or if you’ve received a rating which doesn’t adequately compensate you for the symptoms you are experiencing. We can assess the reasons for your claim being denied and prepare a comprehensive and strategic appeal to settle the issue in your favor.

What can I do to challenge 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 scrutinize the same evidence over again and determine if the initial decision can be changed based on difference of opinion or an error made. This is a viable option for a person who does not have new evidence to submit and it can be completed within one hundred and fifty days.

You can also submit a Supplemental Claim. It is an appeal where a veteran may add new evidence, but it must be new and relevant. It can also include non-medical evidence such as lay statements (sworn statements from those who know how your disability affects you). This type of appeal must be made within a year of a decision.

A third alternative is to file a formal appeal with the Board of Veterans Appeals. This involves 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 detail the laws and regulations that were utilized in determining the decision, as well as a list of the evidence considered and it will describe why the decision was made as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed then the only option left is to refer the case to a federal appeal court. This is the most costly and time-consuming route, but it might be the only way to ensure a fair outcome for your client.

How much will a lawyer charge for an appeal?

A skilled veteran disability attorney brings clarity to the appeals process. He or she can quickly determine what is missing from your initial claim to be eligible for review and will assist you in deciding the best method to appeal a decision. The task involves analyzing the reasons for denial, helping you develop medical evidence to support your claim, and presenting the evidence in a professional manner.

If an order from a court requires that disabled Munroe Falls Veterans Disability Lawsuit pay alimony or child maintenance, the veteran cannot ignore the order and continue receive VA compensation benefits. This is a law that is well-known and there are penalties for breaking a court’s order.

A recent settlement of a class action lawsuit may be a significant win for veterans with PTSD. Medical News Today reports the settlement will result thousands of veterans who previously were denied disability benefits from receiving lifetime benefits.

Jim is a veteran of 58 years was struck by a stroke and rendered him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will affect his ability to receive these benefits. Jim knows he has to prove that he’s in need of the monthly Pension payment, but he wonders how he can reduce the impact on his other income sources.