Veterans Disability Litigation
A lawyer can help columbus veterans disability attorney file an initial claim for disability or to contest an VA decision. But, the law in place today prohibits lawyers from charging for assistance in filing an initial claim.
Monk claims that the VA denied him benefits based on PTSD and the discharge was not favorable. The VA has an extensive appeals process for correcting any unfavorable decisions.
What is an VA Disability Claim?
A VA disability claim is an application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) provides the parents, spouses and children of service members who have died while on active duty or from service-related disabilities.
Tinnitus is among the top most commonly reported condition. It is a symptom that is triggered when you hear ringing in your ears, the sound of hissing or buzzing sounds, or any other sounds that are only able to hear them.
Sciatica is one of the more common conditions to diagnose. Sciatica can occur when a herniated disk or bone spur can compress your sciatic nerve. This nerve runs from your lower spine, through your buttocks and hips and down your legs. The numbness and pain are felt in the buttocks and lower legs as well as the feet. It can be quite severe.
Post Traumatic Stress (PTSD) is the third condition that is easy to be considered for. This is when you experience frequent nightmares, extreme anxiety or depression or uncontrollable thoughts about a specific event that took place during your military service. A convincing proof of the claim accompanied by the stressor that occurred during service can help you to get the PTSD rating you merit. A head injury that is traumatic is the fourth most common condition to qualify for, and it usually comes with a PTSD diagnosis.
How do I file a VA Disability Claim?
There are a number of steps to be followed to make an application. First, you must submit medical evidence, including an opinion from a doctor and lab results as well as the X-rays that prove your condition is within VA’s definition of disability. It is usually beneficial to have a lawyer collect this medical evidence and submit it as part of your initial application so that the VA can process it more easily.
Then, you must undergo an exam called Compensation and Pensions (C&P). This will be performed by an official from the federal VA rater who will examine your physical and mental health to determine whether or not you are eligible for disability benefits. You must have all the documentation required to increase 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 examination. The letter will contain an introduction, the determining of your disability and the amount as well as a list and an explanation of the medical evidence that was reviewed as well as any reasons for their decision.
Our firm can assist you with the appeals process in case your claim was denied or if you have received a rating which does not adequately compensate you for the symptoms you are experiencing. We can help you appeal a denial of your claim through the preparation of a comprehensive appeal.
How can I challenge a VA decision?
VA has three avenues to take when a claimant is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence and determine whether the original decision is due to a difference of opinion or an error that was made. This is an option for those who do not have new evidence to support their claim. The process can be completed in 125 days.
You can also file a Supplemental Claim. This is an appeal where an individual with a disability can submit new evidence, but it has to be original and relevant. It could also include non-medical evidence, like lay statements. These are statements that are sworn by those who know how your disability affects you. This type of appeal must be submitted within one year after a decision.
Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This is done by filing an VA Form 21-0958 and a Notice of Disagreement. The regional office will prepare an SOC (Statement of the case) after the appeal has been filed. This will include a list of the evidence considered, as well as the laws and regulations that were used to arrive at 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 upheld. This is the most difficult and expensive path, but it may be the only way to get a fair result for your client.
What is the cost a lawyer will Charge for appeals?
A veteran disability lawyer can assist to clarify the appeals procedure. He or she will quickly identify what was missing from your initial claim to allow it for review. He or she will help you decide the best method to appeal an appeal. The job involves analyzing the reasons for refusal, helping you create medical evidence to back your case and presenting the evidence in a proper way.
If the court orders a disabled veteran pay alimony or child maintenance and child maintenance, the veteran can’t ignore the order and continue receive VA compensation benefits. This is a law that is well-known and there are penalties for ignoring an order of a court.
A recent settlement of a class action lawsuit may be a major victory for wendell veterans disability law Firm suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans who had previously been denied disability benefits.
Jim is a 58 year veteran 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 what the expected $100,000 settlement will impact his eligibility for these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he wonders how he can minimize the impact on other income sources.