Veterans Disability Litigation
A lawyer can assist a veteran file an initial disability claim or challenge an VA decision on the claim. However, current law prevents lawyers from charging for assistance with the initial claim.
Monk alleges that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has an extensive appeals procedure to rectify any erroneous determinations.
What is what is a VA Disability Claim (VAD)?
A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an unpaid benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) provides financial assistance to parents, spouses, and children of Service members who died while on active duty or through service-related injuries.
The easiest disability to be diagnosed with is Tinnitus (ringing in the ear). This symptom occurs when you hear ringing, hissing, buzzing or other sounds in the ear of one or both and is only heard by you, and not to other people who have it.
Sciatica is another one of the most common conditions to diagnose. Sciatica can occur due to a herniated disc, or bone spur causes compression of the sciatic nerve. The sciatic nerve is located in your lower spine to your hips, buttocks, and down your legs. The pain and numbness are felt in the buttocks, lower legs and feet, and can be very severe.
Post Traumatic Stress (PTSD) is the third easiest condition to be eligible for. You may experience recurring nightmares, extreme anxiety or depression, or uncontrollable thoughts about an event that occurred during your military service. You can get the PTSD rating you are entitled to by making a compelling claim and citing a stressful incident that occurred during your service. A traumatic brain injury is the most simple condition to qualify for and is usually associated with an PTSD diagnosis.
How do I file a VA Disability Claim?
In order to file a claim, you’ll need to follow a few steps. You must first provide medical evidence, such as a doctor’s opinion and lab results, or X-rays, to show that your condition is within VA’s definition of disability. It’s often helpful to have your lawyer collect and submit this medical evidence in your initial application so that it can be easier to process by the VA.
The next step is to take the Compensation and Pension (C&P) exam. The exam will be conducted by an official from the federal VA rater who will assess your physical and psychological symptoms to determine whether or not you are eligible for disability benefits. It is essential to have the proper documentation before undergoing this exam to maximize your chances of obtaining the benefits you deserve.
After the C&P examiner has assessed your medical evidence and completed the examination, you will receive a decision letter. This letter will contain an introduction, the decision of your impairment and the amount of disability, a listing and a an explanation of the medical evidence they considered, and any reasons for their decision.
Our firm is able to assist with the appeals process in case your claim was denied or you have received a rating which does not compensate you adequately for the ailments you’re experiencing. We can help you appeal the denial of your claim by preparing an extensive appeal.
How Do I Challenge a VA Decision?
VA has three avenues to follow when a claimant is not happy with a decision. First the Senior Reviewer will look over the same evidence and determine whether the original decision is likely to be changed due to a change of opinion or an omission. This option is available to those who do not have new evidence to support their claim. The process can be completed in 125 days.
The second option is to submit an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it has to be relevant and new. It may also contain non-medical evidence, such as lay statements. These are statements that are sworn by those who know how your disability affects you. This appeal has to be filed within one year following a decision.
A third alternative is to submit a formal appeal to the Board of doral veterans disability Attorney Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) after the appeal is filed. This will contain a listing of the evidence that was taken into account, the laws and regulations used in making the decision, as well as the reasons for why the decision was favorable, unfavorable, or indeterminate.
The last option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most costly and time-consuming option, but it could be the only option to get a fair outcome for your client.
How much will a lawyer charge for an appeal?
A veteran disability lawyer can assist to clarify the appeals procedure. He or she will swiftly identify what is lacking from your claim to make it eligible to be reviewed and help you determine the best way to appeal a ruling. The job involves analyzing the reasons behind denial, assisting you in preparing medical evidence to back your case, and presenting the evidence in a professional manner.
If a judge requires a disabled veteran to pay alimony ordered by the court or child support, that veteran cannot ignore the order and continue to collect VA compensation benefits. This is a widely-recognized law and there are penalties if you violate the court order.
A recent settlement in a class-action lawsuit could be a major victory for la palma veterans disability lawsuit suffering from PTSD. Medical News Today reports the settlement will enable thousands of veterans who were previously denied disability benefits from receiving lifetime benefits.
Jim, a 58-year-old veteran had a stroke that caused him to be permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is curious to know whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly pension payment, but he is wondering what he can do to minimize the impact on other income sources.