Veterans Disability Litigation

A lawyer can help a veteran file an initial disability claim or challenge the VA decision regarding the claim. However, current law prevents lawyers from charging fees for assistance with a claim for the first time.

Monk claims that the VA refused to grant him benefits due to PTSD and an unfavorable discharge. The VA has an extensive appeals procedure to rectify any unfavorable determinations.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is a request for tax-free monthly benefits. Compensation provides a cash payment to cover things like housing assistance and medical care. Dependency and Indemnity Compensation provides an amount of money to spouses, parents and children of Service members who have passed away on active duty or due to service-related injuries.

The most common condition to prove 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 other people who have it.

Sciatica is one of the conditions that is easier to be able to treat. It can occur when an injured disk or bone spur compresses 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 legs and feet. It can be extremely.

The easiest condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience frequent nightmares, extreme anxiety or depression or uncontrollable thoughts about an event which occurred during your military service. You can achieve the PTSD rating you are entitled to by making a compelling claim and citing a stressful event that happened during your service. A head injury that is traumatizing is the fourth most common condition to prove and is typically associated with a PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you need to follow the steps. First, you must submit medical evidence, like the opinion of a doctor and lab results, or X-rays, to prove that your condition meets VA’s definition of disability. It's usually helpful to have your lawyer collect the medical evidence as part of your initial filing to ensure that it is more easily processed by the VA.

You will then have to undergo an examination for Compensation and Pensions (C&P). The exam will be conducted by a federal VA rater who will examine your physical and mental health to decide whether or not you qualify for disability benefits. You should have all the required documentation to increase your chances of receiving benefits.

After the C&P examiner has examined the medical evidence you submitted and has completed the exam you will receive the decision letter. The letter will include an introduction, the decision of your disability, the amount as well as a list and description of all medical evidence that was considered as well as any reasons for their decision.

If your claim is denied or you are awarded a rating that doesn't cover all of the conditions you suffer from, our firm can assist in the appeals process. We can help you appeal a denial of your claim by preparing an extensive appeal.

How Do I Challenge a VA Decision?

VA has three routes to choose from when a person is not happy with a decision. First an Senior Reviewer will examine the same evidence and determine whether the initial decision could be changed due to a change of opinion or absence. This is a viable option for a person who does not have new evidence to show and it can be completed in one hundred and fifty days.

Second, you can submit an Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it has to be new and relevant. It can also include non-medical evidence such as lay statements (sworn statements from those who understand how your disability affects you). This type of appeal should be submitted within one year following the decision.

Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) once the appeal is filed. It will list evidence that was considered, as well as the laws and regulations used to reach the decision and the reasons why the decision was favorable, not favorable, or indeterminate.

The final option is to appeal to a federal court in the event that the decision of the BVA is confirmed. This is the most costly and time-consuming route, but it might be the only way to get a fair outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A good veteran disability attorney will help you understand the appeals process. They will quickly identify what is lacking from your claim, making it eligible for review and help you determine the best way to appeal a ruling. The job entails analyzing the reasons behind denial, helping you develop medical evidence to support your claim and presenting your evidence in a proper way.

If the court orders that disabled veterans disability law firms pay child maintenance or alimony and child maintenance, the veteran can't ignore the order and continue to receive VA compensation benefits. This is a well-known law 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 provide lifetime benefits for thousands of veterans who had previously been denied disability benefits.

Jim is a veteran of 58 years was struck by a stroke and caused him to be permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim wants to know whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim knows he has to prove that he is in need of the monthly pension payment, but he's not sure what he can do to minimize the impact on other income sources.