Veterans Disability Litigation
Lawyers can assist
veterans disability lawyers file an initial disability claim or contest the VA decision on the claim. Currently,
lawyers are not allowed to charge for initial claims.
Monk claims that the VA denied benefits due to PTSD and an unfavourable discharge. favorable. The VA has a long appeals process to correct any unfavorable decisions.
What is a VA Disability Claim?
A VA disability claim is a request for tax-free monthly benefits. Compensation provides a cash payment to cover things like medical care and housing assistance. Dependency and Indemnity Compensation offers a monetary payment to parents, spouses, and children of service members who died on active duty or as a result of service-related injuries.
The most straightforward condition to be diagnosed with is Tinnitus (ringing in the ear). It is a symptom that occurs when you hear ringing in your ears, hissing or buzzing sounds, or other sounds however, you are unable to hear them.
Sciatica is one of the most frequently encountered conditions. Sciatica can occur when a herniated disk or bone spur compresses the sciatic nerve. This nerve is located in your lower spine through your buttocks and hips and down your legs. The numbness and pain can be felt in the buttocks and lower legs as well as the feet. It can be quite severe.
Post Traumatic Stress (PTSD) is the third most common condition that you can be considered for. This is when you experience repeated nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident which occurred during your military service. You can get the PTSD rating that you are entitled to by making a compelling claim and citing an event that happened during your service. Traumatic head injuries are the fourth easiest condition to qualify for and usually comes with an PTSD diagnosis.
How do I apply for a VA Disability Claim?
There are many steps that must be taken to start an application. You must first provide medical evidence, like the opinion of a doctor or lab results, as well as the X-rays that prove your condition is within VA's definition of disability. It's usually helpful to have your lawyer collect the medical evidence in your initial application to ensure that it is more easily processed by the VA.
You will then have to undergo a Compensation and Pensions (C&P). This will be performed by a federal VA rater who will evaluate your symptoms and physical condition to decide whether or not you qualify for disability benefits. You must have all the required documentation in order to increase your chances of receiving benefits.
You will receive a decision letter after the C&P examiner reviews your medical evidence and completes the examination. It will include an introduction, a decision of your disability classification and the exact amount, a list of the medical evidence they considered and a list of any reasons why they did not choose you in making their decision.
Our firm is able to assist with the appeals procedure if your claim has been denied or you have received a rating that does not adequately compensate you for the symptoms you are experiencing. We can assess the reasons for your claim being denied and draft a thorough and strategic appeal to end the matter in your favor.
How can I challenge a VA decision?
VA offers three options to consider when a claimant is not happy with a decision. First the Senior Reviewer will look over the same evidence and determine whether the initial decision could alter based on a divergence of opinion or error. This is a great alternative for a claimant who doesn't have new evidence to show and it can be completed in 120 days.
Then, you can file an Supplemental Claim. This is an appeal process where veterans can provide new evidence, but it has to be fresh and relevant. It can also include nonmedical evidence, like lay statements. These are statements that are sworn by people who understand how your disability affects. This appeal must be filed within one year following a decision.
Another option is to submit a formal appeal to the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) after the appeal has been filed. This will comprise a listing of the evidence that was considered, as well as the regulations and laws used in making the decision, as well as the reasons behind why the decision was favorable, unfavorable or indeterminate.
The final option is to appeal to a federal court in the event that the decision of the BVA is confirmed. This is the most difficult route and can be expensive but it is the only method to get an equitable outcome for your client.
How much will a lawyer Charge for appeals?
A seasoned disability attorney brings clarity to the appeals process. He or she will quickly identify what is lacking from your claim, making it eligible to be reviewed and assist you in deciding the best method to appeal a decision. Reviewing the reasons for decision, assisting you in making medical evidence to back your claim, and presenting this evidence in a way that is appropriate is all part of the job.
If a court orders that a disabled veteran pay alimony or child maintenance the veteran is not able to ignore this order and continue to receive VA compensation benefits. This is a well-known law, and there are penalties 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 that the settlement will provide lifetime benefits for a large number of veterans who had previously been denied disability benefits.
Jim is a 58 year veteran who suffered a stroke that left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know if his $100,000 settlement will impact his ability to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he's wondering how he could minimize the impact on other income sources.