Veterans Disability Litigation

A lawyer can assist a veteran to start a claim for disability benefits or contest the validity of a VA decision. However, current law prevents lawyers from charging for assistance with an initial claim.

Monk alleges that the VA denied his claim for benefits due to PTSD and an unfavorable discharge. The VA has an extensive appeals process for making amends to any decision that is not favorable.

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 riverton Veterans Disability Lawyer housing assistance. Dependency and Indemnity Compensation provides cash payments to spouses, parents and children of service members who have died while on active duty or due to service-related disabilities.

Tinnitus is by far the most commonly reported condition. It is a condition that can be experienced when you hear ringing in your ears, a hissing sound, buzzing sounds, or any other sounds, but only you can hear them.

Sciatica is among the more common conditions. It occurs when an injured disk 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 buttocks and lower legs are susceptible to being affected by pain and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can be considered for. It is a condition that occurs when you experience repeated nightmares, extreme anxiety or depression or uncontrollable thoughts regarding a specific incident that took place during your military service. A convincing proof of the claim by citing an event that caused stress in the course of service can help to get the PTSD rating you are entitled to. A traumatic brain injury is the 4th most common condition to be considered for and usually accompanies the PTSD diagnosis.

How do I make a claim for a VA Disability?

There are a number of steps to follow to start an claim. The first step is to submit medical evidence, such as an opinion from a doctor or lab reports, X-rays and lab reports to prove that your condition is within the VA's definition of disability. It's usually beneficial to have your lawyer gather the medical evidence as part of the initial filing so that it can be easier to process by the VA.

Next, you must undergo another Compensation and Pension (C&P) examination. A federal VA rater will conduct this exam. They will evaluate your physical and psychological symptoms in order to determine whether you are eligible for disability benefits. It's important to have the necessary documentation prior to undergoing this test to maximize your chances of receiving the benefits you deserve.

You will receive a letter of decision when the C&P examiner has reviewed the medical evidence you submitted and has completed the examination. It will include an introduction, a determination of your disability rating as well as a the specific amount, a list of the medical evidence they considered and a description of the reasons they ruled against the decision.

Our firm is able to assist with the appeals procedure if your claim was denied or if you have received a rating which does not compensate you adequately for the ailments you're experiencing. We can analyze the reasons for why your claim was denied and draft a thorough and strategic appeal that will resolve the matter in your favor.

What can I do to challenge a VA decision?

VA offers three options to applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and decide if the original decision could be modified due to a difference of opinion or an error that was made. This is a good option for a person who doesn't have new evidence to show and can be completed in one hundred and fifty days.

The other alternative is to file a Supplemental Claim. This is an appeal where a veteran can add new evidence, but it has to be relevant and new. It could also include non-medical evidence, like lay statements. These are statements that are sworn by those who know how your disability affects. This appeal has to be filed within a year following a decision.

Another alternative is to make a formal appeal to the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958 or a Notice of Disagreement. Once the appeal is filed the regional office will prepare an Statement of the Case or SOC that will outline what laws and regulations were utilized in determining the decision, along with a list of evidence that was considered, and it will also explain why the decision was made as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed, the final option is to appeal the decision to a federal appeals court. This is the most challenging option and is costly, but it could be the only way to get the best possible outcome for your client.

How much will a lawyer charge for an appeal?

A seasoned disability attorney brings clarity to the appeals process. They'll quickly determine what is missing from your claim to make it eligible for review and assist you in deciding the best way to appeal a decision. Scrutinizing the reasons for the denial, assisting you in developing medical evidence to support your claim, and presenting the evidence in an appropriate way are all aspects of the job.

If the court orders that disabled Thatcher Veterans Disability Lawsuit pay child maintenance or alimony, the veteran cannot ignore this order and continue receive VA compensation benefits. This is a law that is well-known and there are consequences for breaking the order of a judge.

A recent settlement of a class action lawsuit may be a significant win for veterans with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of monahans veterans disability law firm who had previously been denied disability benefits.

Jim is a 58-year old veteran who suffered a stroke that left him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim would like to know how the anticipated $100,000 settlement will affect his ability to claim these benefits. Jim recognizes that he must demonstrate that he is financially in need to continue receiving the monthly Pension payment, but he wonders what could be done to reduce the effect on his other sources of income.