Veterans Disability Litigation

A lawyer may help veterans file an initial disability claim or contest a VA decision on the claim. However, current law prevents lawyers from charging for assistance with an initial claim.

Monk claims that the VA denied his claim to benefits because of PTSD and an unfavorable discharge. The VA has a long appeals process to correct any unfavorable determinations.

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 that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation provides cash payments to spouses, parents and children of Service members who have died while on active duty or as a result of service-related disabilities.

The most simple condition to prove is Tinnitus (ringing in the ear). This symptom occurs when you hear hissing, ringing, buzzing, or other sounds in either or both ears. It is only heard by you, and not to those who have it.

Sciatica is among the most common ailments. Sciatica occurs when a herniated disc or bone spur can compress your sciatic nerve. This nerve runs from your lower spine through your buttocks, hips and down your legs. The numbness and pain can be felt in the buttocks, lower legs, and feet. It can be extremely.

Post Traumatic Stress (PTSD) is the third most common condition that you can qualify. It's when you have constant nightmares, extreme anxiety or depression, or thoughts that are uncontrollable regarding a specific incident that happened in your military service. You can achieve the PTSD rating you deserve by making a convincing claim and citing an event that occurred during your service. A traumatic brain injury is the 4th most common condition to qualify for and typically comes with a PTSD diagnosis.

How do I file a VA Disability Claim?

There are many steps to be followed to submit an claim. You must first provide medical evidence, including the opinion of a doctor, lab results and X-rays, to prove that your condition is within VA's definition of disability. It's usually helpful to have your lawyer collect and submit this evidence as part of the initial filing so that it can be more easily processed by the VA.

Then, you have to pass a Compensation and Pension (C&P) exam. This will be performed by a federal VA rater who will assess your symptoms and physical condition to determine if you qualify for disability benefits. It is crucial to have the appropriate documentation prior to taking this exam so that you can maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has assessed your medical evidence and completed the exam and analyzed your medical evidence, you will receive a decision letter. It will contain an introduction, a statement of your disability rating as well as a specific amount, a listing of the medical evidence they considered and a list of any reasons why they decided against the decision.

If your claim is denied or you are awarded an amount that does not compensate you for all of the ailments you are suffering from, our firm can help with the appeals process. We can assess why your claim was denied and prepare a comprehensive and strategic appeal that will resolve the matter in your favor.

What can I do to challenge a VA Decision?

VA offers three options to applicants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and decide if the original decision is valid in light of a disagreement or an error made. This is an excellent option for a claimant that has no new evidence to present and it can be completed within the 125 days.

Second, you can submit an Supplemental Claim. This is an appeal where a veteran can add new evidence but it has to be new and relevant. It can also include non-medical evidence like lay statements (sworn declarations from people who are aware of how your disability affects you). This appeal must be filed within a year following a decision.

Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This involves 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. It will list of the evidence taken into consideration, the laws and regulations that were used in making the decision, as well as the reasons for why the decision was favorable, unfavorable, or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to refer the case to a federal appeal court. This is the most difficult option and may be costly, however it is the only way to ensure a fair result for your client.

How Much Will a Lawyer Charge for Appeals?

A skilled veteran disability lawyer provides clarity to the appeals process. They can quickly determine what was missing from your initial claim to allow it for review and will help you determine the best method to appeal an appeal. Scrutinizing the reasons for the rejection, and fcms1st.com assisting you with making medical evidence to back your claim, and presenting the evidence in an appropriate way is all part of the job.

If a judge decides that a disabled veteran must pay court-ordered alimony or child support, that veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are consequences in the event of a violation of a court order.

A recent settlement of a class action lawsuit could be a major win for veterans disability lawsuits with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans disability attorney who were previously denied disability benefits.

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