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 with a claim for the first time.

Monk alleges that the VA denied his claim to benefits due to PTSD and an unfavorable discharge. The VA offers a comprehensive appeals procedure to rectify any unfavorable determinations.

What is an VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation offers a cash reward to cover expenses such as medical care and housing assistance. Dependency and Indemnity Compensation offers the spouses, parents and children of Service members who have died while on active duty or because of service-related disabilities.

The easiest disability to be diagnosed with is Tinnitus (ringing in the ear). This symptom occurs when you hear hissing, ringing, buzzing or other sounds from one or both ears. The sound is only heard by you, in contrast to those who have it.

Sciatica is one of the more common conditions. Sciatica occurs when a herniated disc bone spur causes compression of the sciatic nerve. This nerve is located in the lower part of your spine through your buttocks and hips and down your legs. Lower legs and buttocks are susceptible to being affected by pain and feeling of numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be considered for. It's when you have constant nightmares, extreme anxiety or depression or uncontrollable thoughts regarding a specific incident that occurred during your military service. A strong statement in support of the claim accompanied by the source of the stressor during your service may help you receive the PTSD rating you deserve. A traumatizing brain injury is the easiest condition to be considered for and typically comes with an PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are a number of procedures to follow to start a claim. You must first provide medical evidence, such as medical opinion from a physician, lab results and X-rays, to show that your condition meets VA’s definition of disability. It's usually helpful to have your lawyer collect the medical evidence in your initial filing so that it can be easier to process by the VA.

Then, you'll have to take a Compensation and Pension (C&P) exam. The exam will be conducted by a federal VA rater who will evaluate your physical and psychological symptoms to determine whether or not you qualify for disability benefits. It's important to have the necessary documentation prior to undergoing this test to maximize your chances of receiving the benefits you deserve.

You will receive a letter of determination after the C&P examiner reviews your medical evidence and finishes the examination. The letter will contain an introduction, the decision of your disability and amount of disability, a listing and a an explanation of the medical evidence considered and the reasons behind their decision.

If your claim is rejected or you are awarded an amount that does not cover all of the issues you are suffering from, our firm will assist with the appeals process. We can assist you in appealing the denial of your claim by preparing a thorough appeal.

What can I do to challenge a VA Decision?

VA has three routes to consider when a claimant is not happy with a decision. First an Senior Reviewer will review the same evidence to determine whether the original decision could be changed due to a change of opinion or an exclusion. This is a good option for Vimeo.com a claimant who doesn't have new evidence to submit and it can be completed in the 125 days.

The second option is to submit a Supplemental Claim. This is an appeal where veterans can provide new evidence, however it must be to be new and relevant. It could also include non-medical evidence like lay statements (sworn statements from people who understand how your disability affects you). This appeal has to be filed within one year after a decision.

Another option is to make a formal appeal to the Board of Veterans Appeals. This is done by submitting a VA Form 21-0958, a Notice Of Disagreement. After the appeal has been filed, the regional office will draft an Statement of the Case or SOC which will describe the laws and healthndream.com regulations that were used to reach the decision, a list of the evidence considered and it will describe the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed in the end, the only alternative is to appeal the case to a federal appeal court. This is the most challenging option and can be expensive but it could be the only option to obtain a fair result for your client.

How Much Will a Lawyer Charge for appeals?

A veteran disability lawyer can help to clarify the appeals process. He or she can quickly determine what was lacking from your initial claim to be eligible for review. They will also assist you in deciding the best method to appeal the decision. Examining the reasons behind the denial, helping you in creating medical evidence to support your claim, and presenting this evidence in a professional manner are all aspects of the job.

If a judge requires a disabled veteran to pay alimony ordered by the court or child support, huenhue.net the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and there are penalties in the event of a violation of an order of a court.

A recent settlement in a class action lawsuit could be a significant victory for tuskegee veterans disability law firm with PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously had to be denied disability benefits from receiving lifetime benefits.

Jim is a 58 year veteran who had a stroke that rendered him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his ability to receive these benefits. Jim knows that he has to show that he has financial need to continue receiving the monthly Pension payment, but is wondering what can be done to reduce the impact on other sources of income.