Veterans Disability Litigation

A lawyer may help a veteran file an initial disability claim or contest the VA decision regarding the claim. However, current law prevents lawyers from charging for assistance with a claim for the first time.

Monk alleges that the VA denied his claim to benefits because of PTSD and an unfavorable discharge. The VA has a long appeals process to correct any unfavorable determinations.

What is a VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation provides a cash payment to cover things like housing and medical treatment. Dependency and Indemnity Compensation offers an amount of money to parents, spouses, and children of Service members who have died on active duty or as a result of disability related to service.

Tinnitus is the #1 most frequently reported disorder. It is a condition that is triggered when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or other sounds, but only you can hear them.

Sciatica is among the most frequent conditions. Sciatica occurs when a herniated disc bone spur puts pressure on your sciatic nerve. This nerve runs from the lower part of your spine through your buttocks, hips and down your legs. Numbness and pain are felt in the buttocks and lower legs as well as the feet. It can be quite severe.

The most common condition you can qualify for is Post Traumatic Stress Disorder (PTSD). This is when you experience constant nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an incident which occurred during your military service. A convincing proof of the claim accompanied by an event that caused stress during service can help you get the PTSD rating you are entitled to. A traumatic head injury is the fourth easiest condition to qualify for and is typically associated with the PTSD diagnosis.

How Do I File a claim for VA Disability?

There are a variety of procedures to follow to start a claim. You must first submit medical evidence, such as the opinion of a doctor or lab results, as well as X-rays, to prove that your condition meets VA’s definition of disability. It is a good idea for a lawyer to collect this medical evidence and submit it as part of your initial application so that the VA can process it more easily.

Next, you must undergo a Compensation and Pension (C&P) exam. It will be administered by an official from the federal VA rater who will examine your physical and medical conditions to determine whether or not you are eligible for disability benefits. You must have all the documentation required to increase your chances of receiving benefits.

You will receive a letter of determination once the C&P examiner has reviewed your medical evidence and finishes the examination. This will contain an introduction, a statement of your disability status and specific amount, a list of the medical evidence they considered and a description of the reasons why they did not choose you in making their decision.

If your claim is denied or you are awarded a rating that doesn't provide you with all the conditions you suffer from, our company can assist in the appeals process. We can analyze the reasons for why your claim was denied and then prepare a thorough and strategic appeal to settle the matter in your favor.

What can I do to challenge a VA decision?

VA offers three options to consider 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 over again and determine if the initial decision is in light of a disagreement or an error that was made. This is an option for applicants who don't have new evidence to prove. The process can be completed in one hundred and fifty days.

The second option is to submit a Supplemental Claim. It is an appeal where veterans can add west new york veterans disability attorney evidence, but it must be new and relevant. It can also be accompanied by non-medical evidence such a lay statements (sworn statements from those who understand how your disability affects you). This appeal has to be filed within one year after a decision.

Thirdly you can file a formal complaint with the Board of phoenixville veterans disability attorney Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) once the appeal is filed. It will list of the evidence taken into consideration, the regulations and laws used to make the decision, and the reasons why the decision was favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most expensive and difficult option, but it could be the only option to ensure a fair outcome for your client.

How Much Will a Lawyer Charge for appeals?

A veteran disability lawyer can assist to clarify 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. Analyzing the reasons for the rejection, and assisting you with preparing medical evidence to support your claim, and presenting this evidence in a proper manner is all aspects of the job.

If the court orders that disabled Norcross Veterans Disability Lawyer pay alimony or child maintenance, the veteran cannot ignore the order and continue to receive VA compensation benefits. It is a widely accepted law and carries a penalty in the event of a violation of the court order.

A recent settlement in a class-action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports the settlement will result thousands of veterans who were previously denied disability benefits to receive lifetime benefits.

Jim is a veteran of 58 years, suffered an stroke that rendered him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing the impact of his $100,000 settlement on his 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's wondering how he can reduce the impact on other income sources.