Veterans Disability Litigation

A lawyer can help a veteran to start a claim for disability or to challenge an VA decision. But, the law in place today prohibits lawyers from charging for assistance in filing an initial claim.

Monk claims that the VA denied benefits due to PTSD, and a discharge that was not favorable. The VA has an extensive appeals process for correcting any unfavorable decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) provides an amount of money to parents, spouses, and children of Service members who died while on active duty or from their service-connected disabilities.

Tinnitus is the most frequently reported disorder. This is a sign that can be experienced when you hear a ringing sound in your ears, hissing, buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is among the more common conditions. It happens when an injury to the disk or bone spur causes compression of the sciatic nerve which runs from your lower back to your buttocks and hips, and down each leg. The buttocks and lower legs may be affected by pain and numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to qualify. It is possible to experience recurring nightmares or extreme anxiety or depression, or veterans disability a recurring thought about an incident that happened during your military service. A convincing defense of the claim by citing a stressor that occurred during your service may help you get the PTSD rating you merit. A head injury that is traumatic is the fourth easiest condition to be considered for and usually comes with a PTSD diagnosis.

How do I submit a claim for VA Disability?

There are a variety of procedures to follow to make a claim. First, you need to submit medical evidence such as the opinion of a doctor, lab reports and X-rays to establish that your condition is in line with the VA's definition of disability. It's usually beneficial to have your lawyer collect the medical evidence in the initial filing so that it can be more easily processed by the VA.

You must then undergo an examination for Compensation and Pensions (C&P). A federal VA rater will administer this test. They will look at your physical and emotional symptoms to determine whether you are eligible for disability benefits. You must have all the documentation required to increase your chances of obtaining benefits.

You will receive a letter of decision when the C&P examiner has reviewed your medical evidence and completes the exam. This letter will include an introduction, the determination of your impairment and the amount, a list and an explanation of the medical evidence considered as well as any reasons for their decision.

If your claim is denied or you receive a rating that does not provide you with all the issues you suffer from, our firm can help with the appeals process. We can assist you in appealing the denial of your claim through the preparation of a comprehensive appeal.

How can I challenge a VA Decision?

VA offers three options for applicants who disagree with a decision. First the 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 good option for a claimant who has no new evidence to present and can be completed within 125 days.

The second option is to submit a Supplemental Claim. This is an appeal in which veterans can provide new evidence, but it has to be original and relevant. It may also contain non-medical evidence such as lay statements (sworn statements from those who understand how your disability affects you). This type of appeal should be filed within one year following the decision.

Thirdly, you can make a formal complaint to the Board of veterans disability Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will draft a Statement of Case or SOC which will detail what laws and regulations were used to make the decision, along with a list of evidence that was considered and it will describe the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed then the only option left is to refer the case to a federal appeal court. This is the most difficult option and can be expensive but it could be the only way to get the best possible outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals process. They'll quickly identify what is lacking from your claim to make it eligible for review and help you determine the best way to appeal a ruling. The job involves analyzing the reasons for denial, assisting you in preparing medical evidence to back your case and presenting the evidence in a professional manner.

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 well-known law and carries a penalty if you violate a court order.

A recent settlement of a class action lawsuit could be a significant win for veterans with PTSD. Medical News Today reports the settlement will enable thousands of miamisburg veterans disability lawyer who previously had to be denied disability benefits, receiving lifetime benefits.

Jim is a 58-year old veteran who suffered a stroke which left him 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 the ability 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 wonders what could be done to reduce the impact on his other sources of income.