Veterans Disability Litigation

A lawyer can assist a veteran file an initial disability claim or contest a VA decision on the claim. Currently, lawyers are not allowed to charge fees for initial claims.

Monk claims that the VA refused to grant him benefits based on PTSD and an unfavorable discharge. The VA has a long appeals procedure to rectify any erroneous decisions.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit to pay for things like housing assistance and medical care. Dependency and Indemnity Compensation offers a monetary payment to spouses, parents and children of service members who have died on active duty or because of service-related injuries.

The easiest disability to claim is Tinnitus (ringing in the ear). This is a sign that can be experienced when you hear a ringing sound in your ears, vimeo hissing, buzzing sounds, or other sounds that you cannot hear them.

Sciatica is one of the most frequently encountered conditions. Sciatica happens due to a herniated disc, or bone spur causes compression of the sciatic nerve. The sciatic nerve runs from your lower spine through your buttocks and hips and vimeo down your legs. The pain and numbness are felt in the buttocks, lower leg and feet and can be severe.

The easiest condition to qualify for is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience recurring nightmares, extreme anxiety or depression or uncontrollable thoughts about a specific event which occurred during your military service. A convincing defense of the claim with the stressor that occurred in the course of service can help achieve the PTSD rating you are entitled to. Traumatic head injuries are the fourth easiest condition to qualify for, and it usually comes with a PTSD diagnosis.

How do I file a VA Disability Claim?

There are several steps that must be taken to make an application. You must first present medical evidence, including a doctor’s opinion, lab results and the X-rays that prove your condition is within VA's definition of disability. It is a good idea to have a lawyer gather this medical evidence and include it in your initial application so that the VA can review it more easily.

Then, you must undergo a Compensation and Pensions (C&P). The exam will be conducted by an official from the federal VA rater who will review your physical and medical conditions to decide whether or not you qualify for disability benefits. You should have all the documentation required in order to maximize your chances of obtaining benefits.

You will receive a letter of decision once the C&P examiner has reviewed your medical evidence and finishes the examination. It will include an introduction, a decision of your disability status and Vimeo specific amount, a listing of the medical evidence they considered and a list of any reasons why they did not choose the decision.

If your claim is rejected or you receive an amount that does not cover all of the issues you suffer from, our firm will assist you in appealing the decision. We can help you appeal an appeal against a denial by preparing an extensive appeal.

How Do I Challenge a VA Decision?

VA provides three options to those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and decide if the original decision can be changed in light of a disagreement or an error made. This option is available to those who do not have new evidence to provide. The process can be completed in the 125 days.

Then, you can file a Supplemental Claim. It is an appeal where pottsville veterans disability lawyer can add new evidence, but it must be relevant and new. It can also be accompanied by non-medical evidence, such as lay statements (sworn statements from those who know how your disability affects you). This type of appeal must be filed within one year following a decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This is done by submitting an VA Form 21-0958, a Notice Of Disagreement. After the appeal has been filed, the regional office will prepare a Statement of the Case or SOC that will outline the laws and regulations used in reaching the decision, as well as a list of the evidence taken into consideration and will explain 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 refer the case to a federal appeal court. This is the most difficult path and can be expensive but it is the only way to get the best possible outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A veteran disability lawyer can assist to clarify the appeals process. They'll quickly identify what is lacking from your claim, making it eligible to be reviewed and assist you in deciding the best way to appeal a ruling. The task involves analyzing the reasons for denial, helping you develop medical evidence to prove your case, and presenting the evidence in a professional manner.

If the court orders that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran can't ignore the order and continue receive VA compensation benefits. This is a widely-recognized law and there are penalties if you violate a court order.

A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of valley stream veterans disability law firm who were previously denied disability benefits.

Jim is a 58 year old veteran who suffered a stroke that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know whether his $100,000 settlement will impact his ability to receive these benefits. Jim recognizes 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 reduce the impact on his other sources of income.