elmsford veterans disability attorney Disability Litigation
A lawyer may help a veteran file an initial disability claim or challenge a VA decision regarding the claim. However, current law prevents lawyers from charging for assistance with the initial claim.
Monk claims that the VA denied benefits due to PTSD, and an unfavourable discharge. favorable. The VA has a lengthy appeals process for rectifying any decisions that are not in the best interest of the public.
What is an VA Disability Claim (VAD)?
A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is cash benefits that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation provides the parents, spouses, Vimeo and children of service members who have died while on active duty or because of disabilities related to service.
The most simple condition to establish is Tinnitus (ringing in the ear). It is a condition that is triggered when you hear ringing in your ears, the sound of hissing or buzzing sounds, or other sounds however, you are unable to hear them.
Sciatica is another one of the most common conditions to be diagnosed with. Sciatica occurs due to a herniated disc, or bone spur causes compression of the sciatic nerve. This nerve is located in your lower spine, through your buttocks, hips and down your legs. The buttocks and lower legs may be affected by pain and numbness.
The easiest 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 regarding a specific incident that occurred during your military service. You can earn the PTSD rating that you deserve by making a strong claim and citing an event that took place during your time of service. Traumatic head injuries are the fourth most common condition to get a rating for and is typically associated with the PTSD diagnosis.
How do I file a VA Disability Claim?
There are several steps to be followed to start an application. First, you must submit medical evidence, like a doctor’s opinion, lab results and X-rays, to show that your condition is in line with VA’s definition of disability. It is generally beneficial to get a lawyer to gather the medical evidence and include it in your initial application, so that the VA will be able to process it more easily.
You will then have to undergo a Compensation and Pensions (C&P). A federal VA rater will perform this test. They will evaluate your physical and emotional symptoms in order to determine if you’re eligible for disability benefits. You must have all the required documentation in order to increase your chances of receiving benefits.
You will receive a letter of determination after the C&P examiner reviews your medical evidence and passes the exam. This letter will contain an introduction, the decision of your disability and the amount as well as a list and an explanation of the medical evidence that was considered, and any reasons for their decision.
If your claim is denied or you receive a rating that doesn’t compensate you for all of the conditions you suffer from, our firm can help with the appeals process. We can help you appeal a denial of your claim by preparing a thorough appeal.
What can I do to challenge a VA Decision?
VA provides three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence again and determine whether the original decision is valid due to a difference of opinion or an error made. This is a great option for a claimant who doesn’t have new evidence to show and can be completed in one hundred and fifty days.
You can also make an Supplemental Claim. This is an appeal process where a veteran can add new evidence, however it must be to be new and relevant. It could also include non-medical evidence such as lay statements (sworn statements from people who know how your disability affects you). This appeal has to be filed within a year following a decision.
Thirdly you can file a formal complaint with the Board of Veterans Appeals. This is done by filing an VA Form 21-0958, also known as a Notice of Disagreement. Once the appeal has been filed the regional office will draft a Statement of Case or SOC which will detail the laws and regulations that were utilized in determining the decision, along with a list of evidence that was considered, and it will also explain why the decision was made as either favorable, unfavorable, or indeterminate.
If the BVA decision is upheld and the BVA decision is upheld, the last option is to take the case to a federal appeals court. This is the most difficult route and is costly, but it is the only way to get an appropriate outcome for your client.
How much will a lawyer Charge for appeals?
A good veteran disability attorney provides clarity to the appeals process. He or she will quickly determine what was missing from your initial claim to make it eligible for review and will help you decide the best method to appeal a decision. Reviewing the reasons for rejection, and assisting you with making medical evidence to back your claim, and presenting this evidence in a professional manner are all essential to the job.
If a court orders a disabled veteran to pay alimony, alimony that was ordered by a court, or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a law that is well-known and there are consequences for breaking an order of a court.
A recent settlement in a class-action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans previously denied disability benefits.
Jim an 58-year-old veteran who suffered a stroke that caused him to be permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim wants to know what the expected $100,000 settlement will impact his eligibility for these benefits. Jim recognizes that he must show that he has financial need to continue receiving the monthly pension payment, but he is wondering what can be done to reduce the impact on his other sources of income.