westminster veterans disability law firm Disability Litigation

A lawyer can assist hialeah Veterans Disability lawsuit file an initial claim for disability benefits or contest the validity of a VA decision. Currently, lawyers are not allowed to charge fees for initial claims.

Monk claims that the VA denied his claim to benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals process to rectifying any decisions that are not in the best interest of the public.

What is an VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation offers a monetary payment to spouses, parents and children of Service members who have died on active duty or due to disabilities related to service.

Tinnitus is the #1 most frequently reported disorder. This is a symptom that is triggered when you hear a ringing in your ears, a hissing sound, buzzing sounds, or other sounds that you cannot hear them.

Sciatica is one of the most common ailments. Sciatica happens when a herniated disc or bone spur causes compression of your sciatic nerve. This nerve is located in your lower spine, through your hips, buttocks, and down your legs. Lower legs and buttocks may be affected by discomfort and numbness.

The easiest condition to qualify for is Post Traumatic Stress Disorder (PTSD). This is when you experience constant nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about a specific event that occurred during your military service. You can get the PTSD rating you are entitled to by making a compelling claim and citing a stressful incident that took place during your time of service. A brain injury that is traumatic is the fourth most straightforward condition to be eligible for and is usually associated with a PTSD diagnosis.

How do I file a VA Disability Claim?

There are many steps to be followed to submit an claim. You must first submit medical evidence, like medical opinion from a physician and lab results as well as the X-rays that prove your condition falls within VA's definition of disability. It's usually helpful to have your lawyer gather and submit this medical evidence in your initial filing to ensure that it is more easily processed by the VA.

Then, you have to pass an Compensation and Pension (C&P) exam. A federal VA rater will perform this exam. They will examine your symptoms and physical condition to determine if you qualify for disability benefits. It's crucial to have required documentation prior to taking the test so that you maximize your chances of receiving the benefits you deserve.

You will receive a letter of determination when the C&P examiner reviews your medical evidence and completes the examination. It will contain an introduction, a decision of your disability status and specific amount, a list of the medical evidence they considered and a description of the reasons they ruled against the decision.

Our firm can assist in completing the appeals process if your claim has been denied or if you have received a rating which does not compensate you adequately for the conditions you are experiencing. We can analyze the reasons for the reason for the denial and craft a comprehensive and strategic appeal to settle the issue in your favor.

How can I contest a VA decision?

VA offers three options for claimants who disagree with a decision. First, a Senior Reviewer will examine the same evidence and determine if the original decision can alter based on a divergence of opinion or omission. This is a viable option for a claimant who doesn't have new evidence to provide and can be completed in the 125 days.

Then, you can file a Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be relevant and new. It can also include non-medical evidence like lay statements (sworn statements of people who understand how your disability affects you). This appeal must be filed within a year following the decision.

Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the case) once the appeal has been filed. This will comprise a list of the evidence taken into account, the laws and regulations used to reach the decision and the reasons for why the decision was favorable, unfavorable or indeterminate.

If the BVA decision is affirmed then the only option left is to appeal the case to a federal appeals court. This is the most expensive and difficult option, but it could be the only option to get a fair result for your client.

What is the cost a lawyer will Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals process. He or she can quickly identify what was missing from your initial claim in order to qualify it to be reviewed and assist you in deciding the best method to appeal a decision. Scrutinizing the reasons for the denial, helping you in making medical evidence to back your claim, and presenting this evidence in a proper manner are all part of the job.

If a judge decides that a disabled veteran must pay alimony ordered by the court or child support, that veteran isn't allowed to ignore the order and continue to collect VA compensation benefits. This is a well-recognized law and there are penalties for violating a court's order.

A recent settlement of a class action lawsuit could be a significant win for veterans with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of veterans previously denied disability benefits.

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