Veterans Disability Litigation

A lawyer can assist veterans submit an initial claim for disability, or contest a VA decision. However, the law currently prohibits lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA denied him benefits based on PTSD, and an unfavourable discharge. favorable. The VA has a long appeals process to correct any erroneous determinations.

What Is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is cash benefits that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to parents, spouses and children of Service members who died while on active duty, or from service-related disabilities.

The most straightforward condition to establish is Tinnitus (ringing in the ear). This symptom occurs when you hear ringing, hissing, buzzing, or other sounds in the ear of one or both and is only heard by you, in contrast to others who also have it.

Sciatica is another one of the most common conditions to diagnose. It is caused by an injury to the disk or bone spur puts pressure on the sciatic nerve which runs from your lower back, through your buttocks and hips as well as down each leg. The buttocks and lower legs can be affected by the discomfort and numbness.

The most common condition you can be diagnosed with is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety or depression, or uncontrollable thought of an incident that took place during your military service. You can achieve the PTSD rating you are entitled to by making a compelling claim and citing a stressful incident that occurred during your service. Traumatic head injuries are the fourth most common condition to be considered for and is typically associated with an PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are a number of procedures to follow to file an application. You must first present medical evidence, like a doctor’s opinion and lab results, Vimeo or X-rays, to prove that your condition falls within VA's definition of disability. It is often helpful to have a lawyer collect this evidence medically and include it in your initial application, so that the VA can process it more easily.

Then, you'll have to take a Compensation and Pension (C&P) examination. This will be performed by a federal VA rater who will examine your physical and psychological symptoms to determine if you qualify for disability benefits. It is crucial to have the appropriate documentation prior to taking this test so that you maximize your chances of receiving the benefits you deserve.

You will be issued a letter of decision once the C&P examiner has reviewed the medical evidence you submitted and has completed the examination. The letter will include an introduction, a decision of your disability rating and the exact amount, a list of the medical evidence they considered and a statement of any reasons they decided against you in making their decision.

If your claim is denied or you are awarded a rating that doesn't cover all of the ailments you are suffering from, our firm can assist in the appeals process. We can analyze the reasons for why your claim was denied and then prepare a thorough and strategic appeal that will resolve the issue in your favor.

How do I challenge a VA Decision?

VA provides three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence over again and determine if the original decision is in light of a disagreement or an error that was made. This is an option for claimants who don't have any new evidence to present. It can be completed in about 125 days.

The other option is to file a Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it must be relevant and new. It may also contain non-medical evidence such a lay statements (sworn statements from people who are aware of how your disability affects you). This type of appeal should be submitted within one year after a decision.

Another option is to make a formal appeal to the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958, a Notice of Disagreement. Once the appeal has been filed the regional office will prepare a Statement of the Case or SOC which will detail the laws and regulations used to reach the decision, as well as a list of evidence considered, and it will also explain the reasons for the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed and the BVA decision is upheld, the last option is to take the case to a federal appeals court. This is the most costly and difficult route, but it might be the only way to get a fair result for your client.

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

A skilled veteran disability lawyer provides clarity to the appeals process. He or she will swiftly determine what is missing from your claim to make it eligible to be reviewed and assist you in deciding the best way to appeal a decision. Examining the reasons behind the denial, helping you in making medical evidence to back your claim, and presenting your evidence in a professional manner are all aspects of the job.

If a court orders that disabled yucca valley veterans disability lawsuit pay alimony or child maintenance the veteran is not able to ignore the order and Vimeo continue receive VA compensation benefits. This is a well-known law and Vimeo carries a penalty for violating a court order.

A recent settlement of a class action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands of veterans who previously had to be denied disability benefits from receiving lifetime benefits.

Jim is a 58 year veteran who had a stroke that rendered him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim wants to know how his anticipated $100,000 settlement will impact his eligibility for these benefits. Jim understands that he must prove that he has the financial need to continue receiving the monthly Pension payment, but he is wondering what can be done to minimize the impact on other sources of income.