veterans disability law firm disability law firms (Read More In this article) Disability Litigation

A lawyer can help a veteran to start a claim for disability or contest an VA decision. However, current law prohibits lawyers from charging fees for assistance with a claim for the first time.

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

What is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation offers a cash reward to pay for things such as housing assistance and medical care. Dependency and Indemnity Compensation offers cash payments to parents, spouses and children of Service members who have died while on active duty or because of disability related to service.

The most simple condition to be diagnosed with is Tinnitus (ringing in the ear). The symptom is when you hear hissing, ringing, buzzing, or other sounds coming from one or both ears and is only heard by you, as opposed to others who also have it.

Sciatica is among the more common conditions. Sciatica happens when a herniated disc or bone spur causes compression of the sciatic nerve. The sciatic nerve is located in your lower spine through your buttocks and hips and down your legs. Numbness and pain are felt in the buttocks and lower legs as well as the feet and can be severe.

The most common condition you can be eligible for is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares or extreme anxiety or depression, or a recurring thought about an incident that happened during your military service. A convincing argument in support of the claim accompanied by the source of the stressor during service can help you achieve the PTSD rating you are entitled to. A head injury that is traumatizing is the fourth most straightforward condition to prove, and it usually comes with a PTSD diagnosis.

How Do I File a VA Disability Claim?

There are a variety of steps to be followed to start a claim. First, you must submit medical evidence, such as the opinion of a doctor or lab reports, X-rays and lab reports to prove that your condition falls within the VA's definition of disability. It is usually beneficial to have a lawyer collect this evidence medically and submit it as part of your initial application so that the VA can review it faster.

You must then undergo an exam for Compensation and Pensions (C&P). It will be administered by a federal VA rater who will examine your physical and psychological symptoms to decide whether or not you qualify for disability benefits. It's crucial to have required documentation prior to taking the exam to maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has examined your medical evidence and completed the exam you will receive an official decision letter. This will contain an introduction, a determination of your disability rating and the specific amount, a list of the medical evidence they considered and veterans disability law firms a list of any reasons they decided against you when they made their decision.

If your claim is rejected or you are awarded a rating that does not cover all of the issues you are suffering from, our firm will assist you in appealing the decision. We will determine the reason for the reason your claim was denied and prepare a comprehensive and strategic appeal to end the issue to your satisfaction.

What can I do to challenge a VA decision?

VA offers three options for applicants who disagree with a decision. First, a Senior Reviewer will review the same evidence and determine whether the original decision is likely to alter based on a divergence of opinion or an error. This is a viable option for a claimant that doesn't have new evidence to present and can be completed in 120 days.

The other alternative is to make an Supplemental Claim. This is an appeal where the veteran can present new evidence but it has to be fresh and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn declarations from people who know how your disability affects you). This type of appeal must be filed within one year after a decision.

Thirdly you can make a formal complaint to the Board of Veterans Appeals. This is done by filing an VA Form 21-0958, also known as a Notice of Disagreement. The regional office will draft an SOC (Statement of the case) once the appeal is filed. This will contain a list of evidence taken into consideration, the laws and regulations that were used in making the decision, as well as the reasons behind why the decision was favorable, not favorable, or indeterminate.

If the BVA decision is affirmed then the only option left is to refer the case to a federal appeals court. This is the most difficult option and is costly, but it could be the only method to get an equitable outcome for your client.

How much will a lawyer Charge for appeals?

A skilled veteran disability lawyer brings clarity to the appeals process. He or she can quickly identify what was missing from your initial claim to make it eligible for review and will help you determine the best method to appeal an appeal. The job entails analyzing the reasons for denial, helping you develop medical evidence to support your claim and presenting the evidence in a way that is appropriate.

If a judge or a judge orders a disabled veteran pay alimony, alimony that was ordered by a court, or child support, that veteran cannot ignore the order and continue to collect VA compensation benefits. This is a widely-recognized law and there are penalties for violating 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 result in lifetime benefits for a large number of veterans who were previously denied disability benefits.

Jim is a 58-year veteran who suffered an injury to the brain that left him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will affect his ability to receive these benefits. Jim understands that he must show that he has 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.