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Veterans Disability Litigation

A lawyer may help veterans file a first disability claim or challenge an VA decision regarding the claim. However, current law prohibits lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA denied his claims for benefits in the context of PTSD and an unfavorable discharge. The VA has a long appeals procedure to rectify any unfavorable decisions.

What Is an VA Disability Claim?

A VA disability claim is an application for tax-free monthly benefits. Compensation is cash benefits that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation offers an amount of money to parents, spouses and children of Service members who died on active duty or because of service-related injuries.

Tinnitus is the #1 most frequent ailment. This condition occurs when you hear ringing, hissing, buzzing, or other sounds in one or both ears and can only be heard by you, as opposed to those who have it.

Sciatica is one of the more common conditions. It is caused by an injury to the disk or bone spur compresses the sciatic nerve, which runs from your lower back through your buttocks, hips and down each leg. The numbness and pain are felt in the buttocks and lower legs as well as the feet, and can be very severe.

The third most straightforward condition to be eligible for is Post Traumatic Stress Disorder (PTSD). This occurs when you experience frequent nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that happened in your military service. A strong statement in support of the claim using the source of the stressor during your service may help you to get the PTSD rating you are entitled to. A head injury that is traumatizing is the fourth most straightforward condition to prove and usually comes with an PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim you must follow some steps. First, you must provide medical evidence such as the opinion of a doctor or lab report, as well as X-rays to establish that your condition is within the VA's definition of disability. It is a good idea to have a lawyer collect the medical evidence and then submit it with your initial application, so that the VA can review it more easily.

Then, you must undergo an examination for Compensation and Pensions (C&P). It will be administered by a federal VA rater who will assess your physical and psychological symptoms to decide whether or not you are eligible for disability benefits. It is essential to have the appropriate documentation prior to taking this exam to maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has assessed your medical evidence and completed the examination and analyzed your medical evidence, you will receive the decision letter. The letter will include an introduction, the determining of your disability and amount of your disability, a list and a description of all medical evidence that was reviewed and the reasons behind their decision.

Our firm is able to assist with the appeals process in case your claim has been denied or you've received a rating which does not compensate you adequately for the conditions you are experiencing. We can assist you in appealing a denial of your claim through the preparation of a comprehensive appeal.

What can I do to challenge a VA decision?

VA has three routes to follow when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence again and determine if the initial decision can be changed 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 prove. The process can be completed in 125 days.

The second alternative is to make an Supplemental Claim. This is an appeal where an individual with a disability can submit new evidence, but it has to be new and relevant. It could also include non-medical evidence, like lay statements. These are statements that are sworn from people who are aware of how your disability affects. This type of appeal must be filed within one year after the date of a decision.

A third option is to file a formal appeal with the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) once the appeal has been filed. This will include a list evidence that was taken into consideration, the laws and regulations used to reach the decision and the reasons behind 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 costly and time-consuming route, but it might be the only way to get a fair result for your client.

What is the cost a lawyer will Charge for Appeals?

A good veteran disability attorney can help you understand the appeals process. He or she will swiftly identify what is lacking from your claim, making it eligible for review and help you determine the best method to appeal a decision. Examining the reasons behind the rejection, and assisting you with making medical evidence to back your claim, and then presenting this evidence in an appropriate way is all necessary steps.

If the court orders that a disabled veteran pay child maintenance or alimony the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a law that is well-known and there are penalties for violating the court's order.

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 thousands of veterans who had previously been denied disability benefits.

Jim an 58-year-old veteran, suffered an stroke that left him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim wants to know how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim knows he has to show that he is in need of the monthly Pension payment, but he is wondering how he can reduce the impact on other income sources.