North Branch Veterans Disability Lawsuit Disability Litigation
A lawyer can help veterans submit an initial claim for disability benefits or challenge a VA decision. However, the law currently prohibits lawyers from charging fees for assistance with an initial claim.
Monk claims that the VA denied him benefits based on PTSD, and a discharge that was not favorable. The VA has a lengthy appeals procedure for rectifying any decisions that are not in the best interest of the public.
What is a VA Disability Claim (VAD)?
A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is an income-based benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) provides an amount of money to parents, spouses, and children of deceased Service members while on active duty or through service-related injuries.
The most simple condition to prove is Tinnitus (ringing in the ear). This condition occurs when you hear hissing, ringing, buzzing or other sounds from the ear of one or both and is only heard by you, and not to other people who have it.
Sciatica is one of the more common conditions to be diagnosed with. It is caused by a herniated disc or bone spur can compress the sciatic nerve which runs from your lower back to your buttocks and hips, and down each leg. The numbness and pain can be felt in the buttocks, lower legs, and feet. It can be quite severe.
The most common condition you can be able to qualify for is Post-Traumatic Stress Disorder (PTSD). You may have frequent nightmares, extreme anxiety, depression, or an uncontrollable thoughts about an incident that happened during your military service. You can achieve the PTSD rating you deserve by making a strong claim and citing an event that occurred during your service. A head injury that is traumatic is the fourth most common condition to be considered for and usually comes with the PTSD diagnosis.
How do I file a claim for VA Disability?
To file a claim, you need to follow certain steps. First, you must submit medical evidence, including an opinion from a doctor, lab results and X-rays to prove that your condition is within VA’s definition of disability. It’s often helpful to have your lawyer gather the medical evidence in your initial filing to ensure that it is easier to process by the VA.
You will then have to undergo an exam for Compensation and Pensions (C&P). A federal VA rater will administer the exam. They will examine your physical and psychological symptoms to determine if you are eligible for disability benefits. You must have all the necessary documentation to maximize your chances of obtaining benefits.
You will receive a letter of determination when the C&P examiner reviews your medical evidence and completes the exam. This letter will include an introduction, the determining of your disability and amount as well as a list and details of all medical evidence they considered and the reasons for their decision.
Our firm can help you with the appeals process in case your claim has been denied or you’ve received a rating which does not compensate you adequately for the issues you are experiencing. We can help you appeal the denial of your claim by preparing an extensive appeal.
What can I do to challenge a VA decision?
VA has three paths to follow when a claimant is not happy with a decision. First an Senior Reviewer will look over the same evidence and determine whether the original decision could be altered due to a difference of opinion or exclusion. This is an excellent alternative for a claimant who has no new evidence to provide and it can be completed within the 125 days.
Second, you can submit a 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 could also include non-medical evidence, like lay statements. These are statements that are sworn from people who are aware of how your disability affects you. This type of appeal must be filed within one year after a decision.
A third option is to submit a formal appeal to the Board of Veterans Appeals. This is done by submitting a VA Form 21-0958, a Notice Of Disagreement. The regional office will prepare an SOC (Statement of the Case) after the appeal is filed. This will contain a list evidence that was taken into consideration, the laws and regulations utilized to make the decision, and the reasons why the decision was favorable, unfavorable or indeterminate.
If the BVA decision is affirmed then the only option left is to take the case to a federal appeals court. This is the most expensive and difficult option, but it could be the only way to obtain a fair decision for your client.
How Much Will a Lawyer Charge for appeals?
A skilled veteran disability attorney provides clarity to the appeals process. They will quickly determine what is missing from your claim to make it eligible for review and help you determine the best way to appeal a decision. The job includes examining the reasons for denial, helping you develop medical evidence to support your case, and presenting the evidence in a way that is appropriate.
If a judge requires a disabled veteran to pay alimony ordered by the court or child support, that veteran isn’t allowed to ignore the order and continue to receive VA compensation benefits. It is a widely accepted law, and there are penalties in the event of a violation of the court order.
A recent settlement of a class action lawsuit may be a major win for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of missoula veterans disability lawsuit previously denied disability benefits.
Jim is a 58-year old veteran who suffered a stroke that left him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how the anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he needs to show that he is in need of the monthly pension payment, but he is wondering what he can do to minimize the impact on his other income sources.