Veterans Disability Litigation
A lawyer can assist veterans make an initial claim for disability or contest a VA decision. But, the law in place today prohibits lawyers from charging for assistance in filing an initial claim.
Monk alleges that the VA denied his claim for benefits based on PTSD and an unfavorable discharge. The VA has an extensive appeals process for making amends to any decision that is not favorable.
What is an VA Disability Claim?
A VA disability claim is an application for monthly benefits that are tax-free. Compensation is cash benefits that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation offers a monetary payment to parents, spouses and children of service members who died on active duty or due to service-related injuries.
The easiest disability to claim is Tinnitus (ringing in the ear). The symptom is when you hear ringing, hissing, buzzing, or other sounds in either or both ears. It can only be heard by you, and not to others who also suffer from it.
Sciatica is another one of the most common conditions to be diagnosed with. Sciatica is a condition that occurs due to a herniated disc, or bone spur can compress your sciatic nerve. The sciatic nerve is located in your lower spine to your buttocks, hips, and down your legs. Numbness and pain are felt in the buttocks, lower legs and feet, and can be very severe.
The easiest condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This is when you experience frequent nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an incident which occurred during your military service. You can achieve the PTSD rating you deserve by making a strong claim and citing a stressful incident that happened during your service. A brain injury that is traumatic is the most simple condition to qualify for and usually comes with the PTSD diagnosis.
How do I submit a claim for VA Disability?
There are a number of steps to follow to start a claim. First, you need to submit medical evidence, such as medical opinions or lab report, as well as X-rays to prove that your condition meets the VA's definition of disability. It is often beneficial to have your lawyer collect the medical evidence in the 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. This is conducted by a federal VA rater who will assess your physical and medical conditions to decide whether or not you are eligible for disability benefits. You should have all the required documentation in order to maximize your chances of obtaining benefits.
You will receive a decision letter when the C&P examiner has reviewed the medical evidence you submitted and has completed the exam. This letter will include an introduction, the determining of your disability and amount,
veterans Disability a list and details of all medical evidence that was considered and the reasons for their decision.
If your claim is rejected or you are awarded an unjustified rating that doesn't pay for all the symptoms that you suffer from, our firm will assist in the appeals process. We can assist you in appealing an appeal against a denial by preparing an extensive appeal.
How can I challenge a VA decision?
VA offers three options to consider when a claimant is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and determine if the original decision can be changed due to a difference of opinion or an error that was made. This is a viable option for a person who does not have any new evidence to present and it can be completed in one hundred and fifty days.
The second option is to make a Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it must be relevant and new. It could also include non-medical evidence such as lay statements (sworn statements of people who know how your disability affects you). This type of appeal should be made within a year of a decision.
Another alternative is to submit a formal appeal to the Board of
veterans disability lawsuit Appeals. This is done by filing a VA Form 21-0958, a Notice of Disagreement. The regional office will draft an SOC (Statement of the case) after the appeal is filed. This will comprise a list of evidence taken into account, the laws and regulations that were used to make the decision, and the reasons why the decision was favourable, unfavorable or indeterminate.
The final option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most difficult option and may be costly,
Veterans disability however it is the only way to ensure a fair result for your client.
How much will a lawyer charge for an appeal?
A skilled veteran disability lawyer provides clarity to the appeals process. He or she will quickly determine what was missing from your initial claim to be eligible for review. They will also assist you in deciding the best method to appeal an appeal. Examining the reasons behind the decision, assisting you in creating medical evidence to support your claim, and then presenting this evidence in a way that is appropriate is all aspects of the job.
If a court or a judge orders a disabled veteran pay alimony or child support, that veteran isn't allowed to ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for ignoring the order of a judge.
A recent settlement of a class action lawsuit may be a significant win for veterans with PTSD. Medical News Today reports the settlement will enable thousands of veterans who were previously denied disability benefits to receive lifetime benefits.
Jim is a 58-year veteran who suffered a stroke which left him permanently disabled. He receives a pension from the VA, but also SSI and Medicaid payments. Jim is curious to know the impact of his $100,000 settlement on his affect his eligibility to receive these benefits. Jim understands that he must 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.