Discussion Board

Veterans Disability Litigation

A lawyer can help a veteran to start a claim for disability, or challenge the validity of a VA decision. In the present, lawyers aren't allowed to charge for the initial claims.

Monk alleges that the VA denied his claims for benefits in the context of PTSD and an unfavorable discharge. The VA offers a comprehensive appeals procedure to rectify any erroneous determinations.

What Is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation offers the spouses, parents and children of service members who have passed away on active duty or as a result of disability related to service.

The most common condition to establish is Tinnitus (ringing in the ear). The symptom is when you notice a hissing, ringing buzzing or other sounds in one or both ears. The sound can only be heard by you, and not to other people who have it.

Sciatica is one of the most frequently encountered conditions. Sciatica can occur due to a herniated disc, or bone spur can compress your sciatic nerve. This nerve is located in your lower spine, through your buttocks, hips, and down your legs. Numbness and pain are felt in the buttocks, lower leg and feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third most common condition that you can be able to qualify for. It is a condition that occurs when you experience recurring nightmares, extreme anxiety or depression, or thoughts that are uncontrollable regarding a specific incident that happened in your military service. A convincing defense of the claim by citing a stressor that occurred during service can help you to get the PTSD rating you are entitled to. A traumatizing brain injury is the fourth most straightforward condition to be eligible for and usually comes with an PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you'll need to go through some steps. You must first provide medical evidence, like the opinion of a doctor and lab results as well as X-rays to prove that your condition falls within VA's definition of disability. It's usually beneficial to have your lawyer collect and submit this evidence in the initial filing so that it can be more easily processed by the VA.

Next, you must undergo the Compensation and Pension (C&P) examination. A federal VA rater will take this test. They will examine your symptoms and physical condition to determine whether you are eligible for disability benefits. You should have all the required documentation to increase your chances of obtaining benefits.

You will receive a letter of decision when the C&P examiner has reviewed your medical evidence and finishes the exam. The letter will include an introduction, the determining of your impairment and the amount of disability, a listing and a an explanation of the medical evidence they considered as well as any reasons for their decision.

If your claim is denied or you are awarded an amount that does not pay for all the issues you suffer from, our firm will assist in the appeals process. We can analyze the reasons for the reason for the denial and craft a comprehensive and strategic appeal that will resolve the issue in your favor.

What can I do to challenge a VA decision?

VA has three paths to consider when a claimant disagrees with a decision. First, a Senior Reviewer will look over the same evidence and determine whether the original decision is likely to change based on a difference of opinion or an omission. This is a great alternative for a claimant who doesn't have new evidence to submit and can be completed within one hundred and fifty days.

The second option is to make an Supplemental Claim. This is an appeal where the veteran can present new evidence, but it has to be fresh and relevant. It can also include non-medical evidence such a lay statements (sworn statements of people who understand how your condition affects you). This appeal has to be filed within a year after a decision.

Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) after the appeal has been filed. It will listing of the evidence that was taken into account, the laws and regulations utilized to make the decision, and the reasons behind why the decision was favorable, not favorable, or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to appeal the case to a federal appeal court. This is the most expensive and difficult option, 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 provides clarity to the appeals process. They'll quickly identify what is lacking from your claim to make it eligible to be reviewed and assist you in deciding the best method to appeal a decision. The job involves analyzing the reasons behind denial, assisting you in preparing medical evidence to back your case, and presenting the evidence in a proper way.

If a court orders that a disabled veteran pay child maintenance or alimony and child maintenance, the veteran cannot evade this order and continue receive VA compensation benefits. This is a well-known law and there are penalties for ignoring an order of a court.

A recent settlement of a class action lawsuit may be a significant victory for wendell veterans disability law firm suffering from PTSD. Medical News Today reports the settlement will allow thousands of Peachtree City Veterans Disability Law Firm who had previously been denied disability benefits to receive lifetime benefits.

Jim is a 58 year old veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim would like to know what the expected $100,000 settlement will affect his eligibility to receive these benefits. Jim understands that he must prove that he has the financial need to continue receiving the monthly Pension payment, but he wonders what could be done to minimize the impact on his other sources of income.