Veterans Disability Litigation
A lawyer can help
veterans disability lawyers make an initial claim for disability benefits or challenge an VA decision. Lawyers are currently not allowed to charge for the initial claims.
Monk alleges that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has an extensive appeals process for rectifying any decisions that are not in the best interest of the public.
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 care or housing assistance. Dependency and Indemnity Compensation provides the spouses, parents and children of Service members who have died on active duty or as a result of disability related to service.
The easiest disability to prove is Tinnitus (ringing in the ear). This condition occurs when you hear hissing, ringing, buzzing or other sounds from one or both ears. The sound can only be heard by you, in contrast to other people who have it.
Sciatica is one of the most common ailments. Sciatica is a condition that occurs due to a herniated disc, or bone spur causes compression of the sciatic nerve. This nerve is located in your lower spine through your buttocks, hips and down your legs. The numbness and pain can be felt in the buttocks and lower legs as well as the feet and can be severe.
Post Traumatic Stress (PTSD) is the third condition that is easy to be able to qualify for. You may experience recurring nightmares, extreme anxiety, depression, or an uncontrollable thoughts of an incident that took place during your military service. You can obtain the PTSD rating you merit by making a solid claim and citing a stressful event that occurred during your service. A traumatizing brain injury is the easiest condition to qualify for and is usually associated with the PTSD diagnosis.
How do I file a claim for VA Disability?
There are a variety of procedures to follow to submit an application. You must first provide medical evidence, like a doctor’s opinion and lab results, or the X-rays that prove your condition meets VA’s definition of disability. It is generally beneficial to get a lawyer to gather this medical evidence and provide it as part of your initial application, so that the VA can review it more easily.
You will then have to undergo an exam for Compensation and Pensions (C&P). This will be performed by an federal VA rater who will examine your physical and psychological symptoms to determine if you are eligible for disability benefits. It's crucial to have necessary documentation prior to undergoing this exam so that you can maximize your chances of receiving the benefits you deserve.
Once the C&P examiner has reviewed your medical evidence and completed the exam and analyzed your medical evidence, you will receive a decision letter. It will include an introduction, a determination of your disability classification and the specific amount, a list of the medical evidence they reviewed and a description of the reasons why they did not choose you in deciding.
If your claim is rejected or you receive an unjustified rating that doesn't pay for all the conditions you are suffering from, our firm will assist with the appeals process. We can analyze the reasons for the reasons for your claim being denied and prepare a comprehensive and strategic appeal to end the issue in your favor.
What can I do to challenge a VA Decision?
VA has three avenues to take when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and determine whether the original decision is because of a difference of opinion or an error made. This is a good option for a claimant that has no new evidence to present and can be completed in one hundred and fifty days.
The second option is to make an Supplemental Claim. It is an appeal in which an individual with a disability can submit new evidence, but it has to be new and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn statements from those who are aware of how your disability affects you). This type of appeal must be made within a year following the decision.
A third option is to make a formal appeal to the Board of Veterans Appeals. This is done by filing an VA Form 21-0958 and a Notice of Disagreement. After the appeal has been filed, the regional office will draft an Statement of the Case or SOC which will detail the laws and regulations used in reaching the decision, and a list of evidence that was examined and a description of 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 path and may be costly, however it is the only option to obtain an appropriate outcome for your client.
What is the cost a lawyer will charge for an appeal?
A good veteran disability attorney provides clarity to the appeals process. He or she can quickly determine what is missing from your initial claim to be eligible for review. They will also assist you in choosing the most effective method to appeal an appeal. Scrutinizing the reasons for the rejection, and assisting you with developing medical evidence to support your claim, and then presenting this evidence in an appropriate way are all part of the job.
If a judge orders a disabled veteran to pay alimony, alimony that was ordered by a court, or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a widely-recognized law and carries a penalty for violating the court order.
A recent settlement of a class action lawsuit could be a major win for
veterans disability law firms with PTSD. Medical News Today reports the settlement will allow thousands
veterans disability law firms who had previously been denied disability benefits, receiving lifetime benefits.
Jim is a 58-year veteran who had a stroke which left him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim wants to know what the expected $100,000 settlement will impact his eligibility for these benefits. Jim knows he has to prove that he's in need of the monthly pension payment, but he is wondering what he can do to minimize the impact on other income sources.