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Veterans Disability Litigation

Lawyers can assist a veteran file an initial disability claim or contest an VA decision regarding the claim. At present, lawyers aren't allowed to charge fees for initial claims.

Monk claims that the VA denied him benefits based on PTSD and the discharge was not 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?

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

Tinnitus is the most frequently reported disorder. This is a sign that can be experienced when you hear ringing in your ears, hissing, buzzing sounds, or other sounds that you cannot hear them.

Sciatica is one of the more common conditions to be diagnosed with. It occurs when a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back, through your buttocks, hips and down each leg. Numbness and pain are felt in the buttocks and lower legs as well as the feet, and can be very severe.

The 3rd most simple condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). This occurs when you experience constant nightmares, extreme anxiety, depression or uncontrollable thoughts about an incident that occurred during your military service. A convincing proof of the claim by citing an event that caused stress during service can help you get the PTSD rating you merit. Traumatic head injuries are the fourth most straightforward condition to prove and is usually associated with an PTSD diagnosis.

How do I file a claim for VA Disability?

In order to file a claim, you'll need to go through a few steps. First, you need to submit medical evidence such as the opinion of a doctor, lab reports and X-rays to establish that your condition is in line with the VA's definition of disability. It is generally beneficial to have a lawyer gather this medical evidence and submit it with your initial application, so that the VA will be able to process it more easily.

Next, you must undergo a Compensation and Pension (C&P) examination. This will be performed by an federal VA rater who will evaluate your physical and medical conditions to decide whether or not you qualify for disability benefits. It's important to have the required documentation prior to taking the test so that you maximize your chances of receiving the benefits you deserve.

After the C&P examiner has reviewed the medical evidence you submitted and has completed the exam, you will receive the decision letter. This will contain an introduction, a decision of your disability status and specific amount, a listing of the medical evidence they considered and a statement of any reasons they ruled against you when they made their decision.

Our firm can assist with the appeals procedure if your claim was denied or you have received a rating which does not adequately compensate you for the ailments you're experiencing. We can determine the reasons behind why your claim was denied and prepare a comprehensive and strategic appeal to settle the issue in your favor.

How can I contest a VA decision?

VA has three routes to consider when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and determine whether the original decision is based on difference of opinion or an error made. This is a great option for a person who does not have any new evidence to present and it can be completed in the 125 days.

The second option is to file an Supplemental Claim. It is an appeal in which veterans can add new evidence, but it must be relevant and new. It could also include non-medical evidence, such as lay statements. These are statements that are sworn by people who understand the way your disability affects. This appeal has to be filed within a year following the decision.

Another alternative is to file a formal appeal with the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the case) when the appeal has been filed. This will contain a listing of the evidence that was taken into account, the laws and lawyers regulations used to reach the decision and the reasons why the decision was favourable, unfavorable or indeterminate.

The final 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 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 an appeal?

A seasoned disability attorney can help you understand the appeals process. He or she will quickly determine what was lacking from your initial claim to be eligible for review. They will also assist you in deciding the best method to appeal the decision. The job entails analyzing the reasons for refusal, helping you create medical evidence to support your claim and presenting the evidence in a professional manner.

If a judge or a judge orders a disabled veteran pay court-ordered alimony or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a well-recognized law and there are penalties for ignoring the order of a judge.

A recent settlement of a class action lawsuit may be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands of veterans who previously had to be denied disability benefits, receiving lifetime benefits.

Jim is a veteran of 58 years, suffered an stroke that made him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his expected $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he needs to 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.