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Veterans Disability Litigation

A lawyer can assist a veteran to make an initial claim for disability or Vimeo.com to challenge an VA decision. At present, lawyers aren’t allowed to charge fees for initial claims.

Monk alleges that the VA denied his claim to benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correct any erroneous decisions.

What Is a VA Disability Claim?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is a cash benefit to cover expenses such as housing and medical treatment. Dependency and Indemnity Compensation provides cash payments to parents, spouses, and children of service members who have died on active duty or due to disability related to service.

Tinnitus is among the top most common disability. This symptom occurs when you hear a ringing, hissing buzzing, or other sounds in the ear of one or both and can only be heard by you, and not to other people who have it.

Sciatica is one of the more common conditions to be diagnosed with. Sciatica occurs when a herniated disc or bone spur causes compression of your sciatic nerve. This nerve is located in your lower spine through your buttocks, hips, and down your legs. The pain and numbness are felt in the buttocks, lower legs, and feet, and can be very severe.

The 3rd most simple condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). You may experience recurring nightmares or extreme anxiety or depression, or an uncontrollable thoughts about an event that occurred during your military service. A convincing defense of the claim with the stressor that occurred during your service may help you to get the PTSD rating you are entitled to. A traumatizing brain injury is among the 4th most common condition to qualify for and is usually associated with an PTSD diagnosis.

How Do I File a claim for VA Disability?

To file a claim you must follow the steps. First, you need to submit medical evidence such as medical opinions or lab reports, X-rays and lab reports to establish that your condition falls within the VA’s definition of disability. It’s usually beneficial to have your lawyer gather the medical evidence and submit it in the initial filing to ensure that it is easier to process by the VA.

You will then have to undergo an examination for Compensation and Pensions (C&P). It will be administered by an official from the federal VA rater who will evaluate your physical and psychological symptoms to determine whether or not you are eligible for disability benefits. You must have all the required documentation in order to maximize your chances of receiving benefits.

You will receive a letter of decision when the C&P examiner has reviewed your medical evidence and finishes the exam. It will include an introduction, a determination of your disability status and the specific amount, a list of the medical evidence they considered and a list of any reasons why they did not choose you when they made their decision.

If your claim is denied or you receive an unjustified rating that doesn’t provide you with all the conditions you suffer from, our firm can help with the appeals process. We will determine the reason for the reason your claim was denied and craft a comprehensive and strategic appeal to settle the issue to your satisfaction.

How can I contest a VA decision?

VA offers three options to consider when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and determine if the original decision is valid due to a difference of opinion or an error that was made. This option is available to claimants who don’t have any new evidence to present. It can be completed within 125 days.

The second option is to make a Supplemental Claim. This is an appeal where the veteran can present new evidence but it has to be fresh and relevant. It may also contain non-medical evidence, such as lay statements. These are statements that are sworn by those who know how your disability affects. This type of appeal should be submitted within one year from the date of a decision.

Thirdly, you can submit a formal complaint to the Board of camarillo veterans disability attorney Appeals. This is done by filing an VA Form 21-0958 and a Notice Of Disagreement. The regional office will draft an SOC (Statement of the Case) once the appeal is filed. This will comprise a list of the evidence taken into consideration, the regulations and laws used to reach the decision and the reasons behind why the decision was favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed in the end, the only alternative is to appeal the decision to a federal appeals court. This is the most difficult route and can be expensive, but it is the only way to ensure an appropriate outcome for your client.

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

A veteran disability lawyer can assist to clarify the appeals process. He or she will quickly determine what was lacking from your initial claim in order to qualify it to be reviewed and help you decide the best method to appeal the decision. Examining the reasons behind the rejection, and assisting you with making medical evidence to back your claim, and presenting your evidence in a way that is appropriate is all essential to the job.

If a judge or a judge orders a disabled veteran pay alimony ordered by the court or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are consequences for breaking an order of a court.

A recent settlement in a class-action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans who had previously been denied disability benefits.

Jim is a 58 year old veteran who suffered an injury to the brain that left him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim wants to know whether his $100,000 settlement will impact his ability to receive these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly Pension payment but wonders what can be done to reduce the impact on other sources of income.