Veterans Disability Litigation

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

Monk alleges that the VA denied his claim to benefits because of PTSD and an unfavorable discharge. The VA offers a comprehensive appeals process to correct any unfavorable determinations.

What is an VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation provides a cash benefit to cover expenses such as housing and medical expenses. Dependency and Indemnity Compensation (DIC) provides financial assistance to spouses, children and parents of service members who have died in active duty or from their service-connected disabilities.

The easiest disability to claim is Tinnitus (ringing in the ear). This symptom occurs when you hear hissing, ringing, buzzing or other sounds from one or both ears and is only heard by you, as opposed to others who also have it.

Sciatica is another of the easier conditions to qualify for. It occurs when an injured disk or bone spur puts pressure on the sciatic nerve which runs from your lower back, through your hips and buttocks and down each leg. Numbness and pain are felt in the buttocks, lower leg and feet and can be severe.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be considered for. It is a condition that occurs when you experience recurring nightmares, extreme anxiety or depression, or thoughts that are uncontrollable regarding a specific incident which occurred during your military service. You can achieve the PTSD rating you deserve by making a convincing claim and citing a stressful incident that took place during your time of service. A traumatic brain injury is the fourth most straightforward condition to qualify for and typically comes with an PTSD diagnosis.

How do I apply for a VA Disability Claim?

In order to file a claim, you must follow certain steps. First, you need to submit medical evidence, such as a doctor's opinion or lab report, as well as X-rays to establish that your condition is within the VA's definition of disability. It's usually helpful to have your lawyer gather and submit this medical evidence in the initial filing to ensure that it is easier to process by the VA.

Next, you must undergo an Compensation and Pension (C&P) test. It will be administered by a federal VA rater who will review your physical and psychological symptoms to determine if you are eligible for disability benefits. It's important to have the necessary documentation prior to undergoing this exam so that you can maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has reviewed the medical evidence you submitted and has completed the examination you will be issued an official decision letter. The letter will include an introduction, a determination of your disability rating as well as a the exact amount, a list of the medical evidence they reviewed and a description of the reasons why they decided against you in deciding.

If your claim is denied or you receive a rating that does not provide you with all the symptoms that you suffer from, our firm can assist in the appeals process. We can determine the reasons behind why your claim was denied and draft a thorough and strategic appeal that will resolve the issue to your satisfaction.

How can I contest a VA decision?

VA has three routes to follow when a claimant disagrees with a decision. First an Senior Reviewer will review the same evidence to determine if the original decision can change based on a difference of opinion or absence. This is a good option for a person who has no new evidence to provide and it can be completed within one hundred and fifty days.

Then, you can make a Supplemental Claim. This is an appeal in which the veteran can present new evidence but it has to be original and relevant. It could also include non-medical evidence, such as lay statements (sworn statements of people who understand how your condition affects you). This type of appeal should be submitted within one year from the date of a decision.

Thirdly, you can file a formal complaint with the Board of leesburg veterans disability law firm Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will prepare a Statement of Case or SOC which will detail what laws and regulations were used in reaching the decision, a list of the evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision of the BVA is upheld. This is the most costly and difficult path, but it may be the only way to ensure a fair outcome for your client.

How much will a lawyer charge for an appeal?

A skilled veteran disability lawyer provides clarity to the appeals process. They will quickly identify what is lacking from your claim, making it eligible for review and help you decide on the best way to appeal a decision. The job includes examining the reasons for the denial, helping you to develop medical evidence to prove your case, and presenting the evidence in a way that is appropriate.

If a court decides that a disabled veteran must pay court-ordered alimony or child support, that veteran isn't allowed to ignore the order and continue to collect VA compensation benefits. This is a widely recognized law and there are penalties when you do not comply with the order of a judge.

A recent settlement in a class-action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of stone spring lake park veterans disability attorney veterans disability law Firm (vimeo.com) who were previously denied disability benefits.

Jim is a 58-year veteran who suffered a stroke that left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know the impact of his $100,000 settlement on his affect the ability to receive these benefits. Jim is aware that he must to prove that he's in need of the monthly Pension payment, but he's wondering how he can minimize the impact on other income sources.