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hamtramck veterans disability attorney Disability Litigation

A lawyer can assist veterans file an initial disability claim or contest an VA decision regarding the claim. However, current law prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk claims that the VA refused to grant him benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure to rectify any erroneous determinations.

What Is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is an unpaid benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses and children of service members who have died during active duty or from their service-connected disabilities.

Tinnitus is among the top most common disability. This condition occurs when you hear hissing, ringing, buzzing or other sounds from one or both ears. The sound is only heard by you, in contrast to other people who have it.

Sciatica is one of the most frequently encountered conditions. Sciatica is a condition that occurs due to a herniated disc, or bone spur can compress your sciatic nerve. The sciatic nerve runs from your lower spine to your buttocks, hips and down your legs. Numbness and pain are felt in the buttocks, lower legs and feet. It can be quite severe.

The most common condition you can be eligible for is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares or extreme anxiety depression, or an uncontrollable thoughts of an incident that took place during your military service. A strong statement in support of the claim accompanied by an event that caused stress during your service may help you get the PTSD rating you are entitled to. A traumatizing brain injury is the fourth most straightforward condition to be considered for and typically comes with a PTSD diagnosis.

How Do I File a VA Disability Claim?

There are several steps to be followed to start an application. First, you need to submit medical evidence such as medical opinions, lab reports and X-rays to establish that your condition falls within the VA’s definition of disability. It’s usually beneficial to have your lawyer gather and submit this medical evidence as part of your initial application so that it can be easier to process by the VA.

Then, you’ll have to take another Compensation and Pension (C&P) test. It will be administered by a federal VA rater who will evaluate your physical and medical conditions to determine whether or not you are eligible for disability benefits. You should have all the necessary documentation to increase your chances of obtaining benefits.

Once the C&P examiner has assessed your medical evidence and completed the examination, you will receive an official decision letter. This letter will contain an introduction, the determining of your disability, the amount, a list and an explanation of the medical evidence that was considered and the reasons behind their decision.

Our firm is able to assist with the appeals procedure if your claim was rejected or if you’ve received a rating that doesn’t adequately compensate you for the symptoms you are experiencing. We will determine the reason for the reasons for your claim being denied and craft a comprehensive and strategic appeal to settle the matter in your favor.

How can I challenge a VA decision?

VA offers three options to follow when a claimant disagrees with a decision. First the Senior Reviewer will examine the same evidence and determine whether the initial decision could change based on a difference of opinion or absence. This is a viable option for a claimant that does not have any new evidence to submit and can be completed within 120 days.

You can also make an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it must be new and relevant. It may also contain non-medical evidence, like lay statements. These are statements that are sworn by those who know how your disability affects. This type of appeal must be filed within one year after a decision.

A third option is to make a formal appeal to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958, also known as a Notice of Disagreement. Once the appeal is filed the regional office will prepare a Statement of the Case or SOC that will outline what laws and regulations were used to reach the decision, as well as a list of the evidence considered and it will describe the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision of the BVA is upheld. This is the most expensive and difficult option, but it could be the only option to get a fair result for your client.

What is the cost a lawyer will charge for an appeal?

A skilled veteran disability lawyer will help you understand the appeals process. He or she can quickly identify what was missing from your initial claim to make it eligible for review. They will also help you determine the best method to appeal a decision. Reviewing the reasons for decision, assisting you in making medical evidence to back your claim, and presenting the evidence in a professional manner is all part of the job.

If a court orders that a disabled veteran pay child maintenance or alimony the veteran is not able to ignore this order and continue receive VA compensation benefits. This is a well-recognized law and there are consequences for breaking the order of a judge.

A recent settlement in a class-action lawsuit could be a huge victory for north adams veterans disability Attorney suffering from PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously had to be denied disability benefits, receiving lifetime benefits.

Jim is a 58-year old veteran who suffered a stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim wants to know how the anticipated $100,000 settlement will affect his ability to receive these benefits. Jim realizes that he has to show that he is in need of the monthly pension payment, but he’s wondering how he could minimize the impact on other income sources.