Veterans Disability Litigation

A lawyer can help a veteran file an initial disability claim or contest an VA decision regarding the claim. Lawyers are currently not allowed to charge for the initial claims.

Monk alleges that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA offers a comprehensive appeals process to correct any erroneous decisions.

What Is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an income-based benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) provides financial assistance to parents, spouses, and children of Service members who died during active duty or from service-related disabilities.

The most common condition to claim is Tinnitus (ringing in the ear). It is a condition that is triggered when you hear a ringing sound in your ears, hissing or buzzing sounds, or other sounds, but only you can hear them.

Sciatica is one of the most common ailments. Sciatica is a condition that occurs due to a herniated disc, or bone spur compresses the sciatic nerve. The sciatic nerve is located in the lower part of your spine through your buttocks, hips, and down your legs. The numbness and pain are felt in the buttocks, lower leg and feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third condition that is easy to be able to qualify for. This occurs when you experience frequent nightmares, extreme anxiety or depression, or thoughts that are uncontrollable regarding a specific incident that occurred during your military service. You can obtain the PTSD rating that you merit by making a solid claim and citing a stressful incident that occurred during your military service. A traumatic brain injury is the fourth most straightforward condition to qualify for and is usually associated with a PTSD diagnosis.

How do I make a claim for a VA Disability?

To file a claim, you need to follow a few steps. You must first submit medical evidence, such as a doctor’s opinion or lab results, as well as X-rays, to prove that your condition falls within VA's definition of disability. It is often helpful to get a lawyer to gather this evidence medically and include it in your initial application, so that the VA can process it faster.

The next step is to take the Compensation and Pension (C&P) exam. It will be administered by an official from the federal VA rater who will assess your physical and psychological symptoms to decide whether or not you qualify for disability benefits. It is essential to have the necessary documentation prior to undergoing this exam so that you can maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has examined the medical evidence you submitted and has completed the examination you will receive a decision letter. The letter will contain an introduction, a determination of your impairment and the amount of disability, a listing and a the description of all medical evidence they considered as well as any reasons for their decision.

Our firm is able to assist in the appeals process if your claim has been rejected or if you've received a rating that doesn't adequately compensate you for the symptoms you are experiencing. We can assess the reasons for your claim being denied and prepare a comprehensive and strategic appeal to settle the matter in your favor.

How can I challenge a VA Decision?

VA offers 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 and decide if the original decision is because of a difference of opinion or an error made. This is a viable option for a claimant who does not have any new evidence to present and it can be completed within one hundred and fifty days.

The second option is to file a Supplemental Claim. It is an appeal where veterans can add new evidence, but it has to be relevant and new. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn by people who understand how your disability affects you. This type of appeal must be filed within one year following the decision.

Thirdly you can make a formal complaint to the Board of san angelo veterans disability law firm Appeals. This is done by submitting a VA Form 21-0958, a Notice of Disagreement. Once the appeal is filed the regional office will prepare a Statement of the Case or SOC which will identify the laws and regulations utilized in determining the decision, as well as a list of the evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable, or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to refer the case to a federal appeal court. This is the most difficult option and can be expensive but it is the only way to ensure a fair result for your client.

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

A skilled veteran disability attorney provides clarity to the appeals process. He or she can quickly determine what was lacking from your initial claim to be eligible for review. He or she will assist you in deciding the best method to appeal the decision. The job entails analyzing the reasons behind denial, assisting you in preparing medical evidence to back your case and presenting the evidence in a proper way.

If an order from a court requires that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran cannot evade the order and continue receive VA compensation benefits. This is a law that is well-known and there are consequences for breaking an order of a court.

A recent settlement of a class action lawsuit could be a significant victory for Bedford veterans Disability law firm suffering from PTSD. Medical News Today reports the settlement will result thousands of yelm veterans disability law firm who previously had to be denied disability benefits to receive lifetime benefits.

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