Veterans Disability Litigation
A lawyer can help veterans make an initial claim for disability or to contest a VA decision. At present, lawyers aren’t allowed to charge for initial claims.
Monk claims that the VA denied his claim for benefits because of PTSD and an unfavorable discharge. The VA has an extensive appeals process to correct any unfavorable determinations.
What is a VA Disability Claim (VAD)?
A VA disability claim is a request for monthly benefits that are tax-free. Compensation is an income-based benefit that can be used to cover medical costs or housing assistance. Dependency and veterans Disability Indemnity Compensation provides an amount of money to spouses, parents and children of service members who have passed away on active duty or as a result of service-related injuries.
The most straightforward condition to prove is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear hissing, ringing, buzzing, or other sounds coming from one or both ears. The sound is only heard by you, in contrast to those who have it.
Sciatica is one of the most frequent conditions. Sciatica is a condition that occurs when a herniated disc bone spur compresses your sciatic nerve. This nerve runs from your lower spine to your hips, buttocks, and down your legs. The lower and buttocks can be affected by the pain and the sensation of numbness.
The 3rd most simple condition to be eligible for is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience frequent nightmares, extreme anxiety, depression or uncontrollable thoughts about an event that took place during your military service. A strong statement in support of the claim with an event that caused stress during your service may help you get the PTSD rating you merit. A traumatizing brain injury is among the most simple condition to be eligible for and usually comes with a PTSD diagnosis.
How do I submit a claim for VA Disability?
To file a claim you’ll need to go through a few steps. You must first provide medical evidence, like medical opinion from a physician and lab results, or X-rays, to show that your condition meets VA’s definition of disability. It is generally beneficial to get a lawyer to gather the medical evidence and then submit it with 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) exam. This will be performed by a federal VA rater who will evaluate your physical and psychological symptoms to decide whether or not you qualify for disability benefits. You must have all the documentation required in order to increase your chances of obtaining benefits.
After the C&P examiner has examined your medical evidence and completed the examination and analyzed your medical evidence, you will receive a decision letter. This will contain an introduction, a determination of your disability rating as well as a specific amount, a listing of the medical evidence they reviewed and a description of the reasons they decided against you when they made their decision.
Our firm can assist in completing the appeals process if your claim was denied or you’ve received a rating which does not compensate you adequately for the issues you are experiencing. We will determine the reason for why your claim was denied and then prepare a thorough and strategic appeal that will resolve the matter in your favor.
How do I challenge a VA decision?
VA has three paths to take when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence over again and decide if the original decision is because of a difference of opinion or an error made. This is an option for those who do not have new evidence to provide. It can be completed in the 125 days.
Then, you can make an Supplemental Claim. This is an appeal in which an individual with a disability can submit new evidence, but it needs to be new and relevant. It can also include nonmedical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects. This appeal has to be filed within a year after a decision.
Thirdly you can make a formal complaint to the Board of veterans disability attorneys Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) after the appeal has been filed. This will comprise a list of evidence considered, as well as the laws and regulations used to reach the decision and the reasons behind why the decision was favourable, unfavorable or indeterminate.
If the BVA decision is upheld then the only option left is to refer the case to a federal appeal court. This is the most difficult path and can be expensive, but it could be the only way to get a fair result for your client.
How Much Will a Lawyer Charge for Appeals?
A skilled veteran disability attorney brings clarity to the appeals process. He or she will quickly determine what is missing from your initial claim to be eligible for review. They will also help you decide the best method to appeal the decision. The job entails analyzing the reasons for the denial, helping you to develop medical evidence to support your claim and presenting your evidence in a proper way.
If a judge decides that a disabled veteran must pay court-ordered alimony or child support, that veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-known law, and there are penalties when you do not comply with the order of a judge.
A recent settlement of a class action lawsuit may be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will enable thousands of veterans disability lawyer who had previously been denied disability benefits, receiving lifetime benefits.
Jim an 58-year-old veteran, suffered an stroke that left him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim wants to know if his $100,000 settlement will impact his ability to receive these benefits. Jim realizes that he has to prove that he’s in need of the monthly pension payment, but he is wondering what he can do to minimize the impact on his other income sources.