veterans disability law firms Disability Litigation

A lawyer can help veterans file an initial disability claim or contest the VA decision on the claim. At present, lawyers aren't allowed to charge for initial claims.

Monk claims that the VA denied benefits due to PTSD, and a discharge that was not favorable. The VA has a lengthy appeals procedure for fixing any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation offers a cash reward to cover expenses such as housing assistance and medical care. Dependency and Indemnity Compensation offers the spouses, parents and children of Service members who have died while on active duty or because of service-related disabilities.

Tinnitus is the #1 most frequent ailment. It is a condition that manifests when you hear ringing in your ears, a hissing sound, buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is one of the conditions that is easier to be able to treat. It happens when an injury to the disk or bone spur puts pressure on the sciatic nerve which runs from your lower back, through your hips and buttocks and down each leg. The lower legs and buttocks are susceptible to being affected by pain and the numbness.

The easiest condition to qualify for is Post Traumatic Stress Disorder (PTSD). This is when you experience repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable regarding a specific incident that took place during your military service. You can get the PTSD rating you deserve by making a convincing claim and citing a stressful event that took place during your time of service. A head injury that is traumatic is the fourth most common condition to qualify for and usually comes 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, including medical opinion from a physician and lab results as well as X-rays, to show that your condition is within VA's definition of disability. It is generally beneficial to get a lawyer to gather this evidence medically and submit it as part of your initial application, so that the VA can review it more easily.

Next, you must undergo an Compensation and Pension (C&P) examination. It will be administered by an federal VA rater who will assess your physical and medical conditions to determine whether or not you qualify for disability benefits. You must have all the documentation required in order to increase your chances of receiving benefits.

You will receive a decision letter once the C&P examiner reviews your medical evidence and completes the examination. The letter will include an introduction, a determination of your disability and amount as well as a list and description of all medical evidence considered, and any reasons for their decision.

If your claim is denied or you are awarded an unjustified rating that doesn't provide you with all the symptoms that you are suffering from, Firm our firm can assist in the appeals process. We can determine the reasons behind why your claim was denied and craft a comprehensive and strategic appeal to settle the issue in your favor.

How do I challenge a VA decision?

VA offers three options for applicants who disagree with the decision. First an Senior Reviewer will look over the same evidence and determine whether the original decision could change based on a difference of opinion or an error. This is a great option for Firm a claimant that does not have any new evidence to submit and can be completed in one hundred and fifty days.

The second option is to file an Supplemental Claim. This is an appeal process where an individual with a disability can submit new evidence, but it has to be relevant and new. It may also contain non-medical evidence such a lay statements (sworn statements from people who know how your disability affects you). This type of appeal should be filed within one year following the decision.

Thirdly you can file a formal complaint with the Board of Veterans Appeals. This is done by filing a VA Form 21-0958 and a Notice of Disagreement. Once the appeal has been filed the regional office will prepare a Statement of the Case or SOC which will describe what laws and regulations were used in reaching the decision, and a list of evidence examined and a description of the reasons behind the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed and the BVA decision is upheld, the last option is to appeal the case to a federal appeal court. This is the most difficult route and may be costly, however it could be the only way to ensure an appropriate 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 process. He or she will quickly identify what is lacking from your claim to make it eligible for review and help you decide on the best way to appeal a decision. Scrutinizing the reasons for the decision, assisting you in preparing medical evidence to support your claim, and then presenting this evidence in a way that is appropriate are all essential to the job.

If an order from a court requires that disabled veterans pay child maintenance or alimony the veteran is not able to ignore the order and continue receive VA compensation benefits. This is a well-known law and there are consequences for breaking an order of a court.

A recent settlement in a class action lawsuit could be a huge victory for veterans disability lawyers suffering from PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously had to be denied disability benefits to receive lifetime benefits.

Jim is a veteran of 58 years was struck by a stroke and left him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim would like to know what the expected $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he has to prove that he is in need of the monthly pension payment, but he's not sure how he could minimize the impact on other income sources.