Veterans Disability Litigation
A lawyer can assist a veteran to submit an initial claim for disability or contest the validity of a VA decision. Lawyers are currently not allowed to charge fees for initial claims.
Monk claims that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure for correcting any unfavorable decisions.
What is a VA Disability Claim?
A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to cover expenses such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides an amount of money to parents, spouses, and children of service members who have died while on active duty, or from their service-connected disabilities.
Tinnitus is by far the most frequently reported disorder. This is a symptom that manifests when you hear ringing in your ears, hissing, buzzing sounds, or other sounds however, you are unable to hear them.
Sciatica is one of the more common conditions to be able to treat. Sciatica occurs when a herniated disc or bone spur causes compression of your sciatic nerve. This nerve is located in your lower spine to your buttocks, hips and down your legs. The buttocks and lower legs may be affected by pain and numbness.
Post Traumatic Stress (PTSD) is the third easiest condition to qualify. There are times when you experience frequent nightmares or extreme anxiety depression, or uncontrollable thought of an incident that took place during your military service. You can earn the PTSD rating that you merit by making a solid claim and citing a stressful event that occurred during your military service. Traumatic head injuries are the fourth condition that is easy to prove and is typically associated with an PTSD diagnosis.
How do I file a claim for VA Disability?
In order to file a claim, you’ll need to follow the steps. The first step is to submit medical evidence such as an opinion from a doctor or lab report, as well as X-rays to establish that your condition falls within the VA’s definition of disability. It is generally beneficial for a lawyer to collect the medical evidence and submit it as part of your initial application so that the VA will be able to process it more easily.
Then, you’ll have to take the Compensation and Pension (C&P) test. This will be performed by an federal VA rater who will review your symptoms and physical condition to decide whether or not you qualify for disability benefits. It is crucial to have the required documentation prior to taking the exam so that you can maximize your chances of receiving the benefits you deserve.
You will be issued a letter of decision after the C&P examiner has reviewed your medical evidence and passes the exam. This will contain an introduction, a statement of your disability rating and the specific amount, a list of the medical evidence they considered and a description of the reasons they ruled against the decision.
If your claim is denied or you receive an amount that does not compensate you for all of the conditions you are suffering from, our firm can help with the appeals process. We can determine the reasons behind why your claim was denied and draft a thorough and strategic appeal to settle the issue to your satisfaction.
How Do I Challenge a VA Decision?
VA has three routes to consider when a claimant is not happy with the decision. First the Senior Reviewer will look over the same evidence and determine whether the original decision could be changed due to a change of opinion or an absence. This is a good alternative for a claimant who doesn’t have new evidence to provide and it can be completed in one hundred and fifty days.
The second option is to make a Supplemental Claim. This is an appeal in which an individual with a disability can submit new evidence, but it needs to be fresh and relevant. It may also contain non-medical evidence such as lay statements (sworn statements of people who understand how your disability affects you). This type of appeal should be submitted within one year from the date of a decision.
Thirdly you can file a formal complaint with the Board of wyoming veterans disability law firm Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) once the appeal is filed. This will comprise a list of the evidence taken into account, the laws and regulations that were used to arrive at the decision and 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 challenging option and can be expensive, but it could be the only option to obtain an equitable outcome for your client.
What is the average amount a lawyer can charge for an appeal?
A veteran disability lawyer can help to clarify the appeals procedure. He or she will quickly determine what was lacking from your initial claim to make it eligible for review. He or she will help you decide the best method to appeal an appeal. The job involves analyzing the reasons for the denial, helping you to develop medical evidence to support your case, and presenting the evidence in a way that is appropriate.
If a court decides that a disabled veteran must pay court-ordered alimony or child support, that veteran cannot ignore the order and continue to collect VA compensation benefits. This is a well-known law, and there are penalties when you do not comply with an order of a court.
A recent settlement in a class-action lawsuit could be a major victory for geneva veterans disability lawsuit with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of bayville veterans disability lawsuit previously denied disability benefits.
Jim is a veteran of 58 years who suffered a stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he needs to 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 other sources of income.