veterans disability lawsuit Disability Litigation

A lawyer can assist a veteran file an initial disability claim or challenge the VA decision on the claim. But, the law in place today prohibits lawyers from charging for assistance with an initial claim.

Monk claims that the VA denied benefits due to PTSD, and the discharge was not favorable. The VA has an extensive 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 a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses and children of Service members who have died while on active duty or due to service-related injuries.

The most straightforward condition to be diagnosed with is Tinnitus (ringing in the ear). This is a sign that is triggered when you hear a ringing sound in your ears, the sound of hissing or buzzing sounds, or other sounds however, you are unable to hear them.

Sciatica is one of the conditions that is easier to diagnose. It is caused by a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back to your buttocks and hips as well as down each leg. The numbness and pain are felt in the buttocks, lower leg and feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third condition that is easy to qualify. This occurs when you experience frequent nightmares, extreme anxiety, depression or uncontrollable thoughts regarding a specific incident that took place during your military service. You can get the PTSD rating that you are entitled to by making a compelling claim and citing an event that took place during your time of service. Traumatic head injuries are the fourth condition that is easy to be considered for and usually comes with a PTSD diagnosis.

How Do I File a claim for VA Disability?

There are a number of steps to be followed to start an claim. You must first submit medical evidence, like medical opinion from a physician and lab results, or X-rays, to show that your condition is within VA's definition of disability. It is usually beneficial to get a lawyer to gather this medical evidence and submit it with your initial application so that the VA will be able to process it more easily.

Then, you have to pass another Compensation and Pension (C&P) examination. A federal VA rater will conduct this test. They will assess your symptoms and physical condition in order to determine if you're eligible for disability benefits. You should have all the documentation required in order to increase your chances of receiving benefits.

You will receive a decision letter once the C&P examiner has reviewed your medical evidence and finishes the examination. This letter will include an introduction, a determination of your disability and the amount of disability, a listing and a an explanation of the medical evidence that was reviewed as well as any reasons for their decision.

If your claim is denied or you are awarded an amount that does not cover all of the symptoms that you are suffering from, our company can help with the appeals process. We can help you appeal an appeal against a denial by preparing a comprehensive appeal.

What can I do to challenge a VA Decision?

VA has three avenues to consider when a claimant disagrees with a decision. First an Senior Reviewer will look over the same evidence and determine if the original decision can change based on a difference of opinion or an omission. This is a possibility for claimants who don't have any new evidence to provide. It can be completed in the 125 days.

The second alternative is to make a Supplemental Claim. This is an appeal where an individual with a disability can submit new evidence, but it has to be original and relevant. It could also include non-medical evidence such a lay statements (sworn statements from those who understand how your disability affects you). This appeal has to be filed within one year after the date of a decision.

A third alternative is to file a formal appeal with the Board of Veterans Appeals. This is done by filing a VA Form 21-0958, also known as a Notice of Disagreement. After the appeal has been filed, the regional office will draft a Statement of the Case or SOC that will outline what laws and veterans disability attorney regulations were used to reach the decision, along with a list of the evidence considered, and it will also explain why the decision was made as either favorable, unfavorable, or indeterminate.

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

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

A veteran disability lawyer can help to clarify the appeals process. They'll quickly identify what is lacking from your claim to make it eligible for review and help you determine the best way to appeal a decision. The job involves analyzing the reasons for refusal, helping you create medical evidence to back your case and presenting your evidence in a way that is appropriate.

If the court orders disabled veterans pay alimony or child maintenance and child maintenance, the veteran cannot evade the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for ignoring the court's order.

A recent settlement of a class action lawsuit could be a major win for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of Lompoc Veterans Disability Law Firm who were previously denied disability benefits.

Jim is a veteran of 58 years was struck by a stroke and made him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim wants to know how his expected $100,000 settlement will affect his ability to claim these benefits. Jim knows that he has to demonstrate that he is financially in need to continue receiving the monthly pension payment but wonders what can be done to reduce the impact on other sources of income.