Veterans Disability Litigation

A lawyer can help a veteran to start a claim for disability, or contest the validity of a VA decision. However, current law prohibits lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA denied his claim to benefits because 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 tax-free monthly benefits. Compensation is a cash benefit to cover things like housing and medical expenses. Dependency and Indemnity Compensation provides an amount of money to parents, spouses, and children of Service members who have died while on active duty or due to disability related to service.

The most simple condition to prove is Tinnitus (ringing in the ear). It is a symptom that occurs when you hear a ringing sound in your ears, hissing or buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is among the most frequently encountered conditions. It occurs when an injured disk or bone spur puts pressure on the sciatic nerve which runs from your lower back, through your buttocks, hips and down each leg. The lower legs and buttocks are susceptible to being affected by discomfort and the numbness.

The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience frequent nightmares, extreme anxiety, depression or uncontrollable thoughts regarding a specific incident that took place during your military service. A convincing argument in support of the claim by citing a stressor that occurred during your service can help you receive the PTSD rating you are entitled to. A traumatic head injury is the fourth most common condition to get a rating for and usually comes with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

To file a claim you'll need to follow some steps. The first step is to submit medical evidence like medical opinions and lab reports as well as Xrays to prove that your condition falls within the VA's definition of disability. It's usually beneficial to have your lawyer gather and submit this medical evidence as part of the initial filing to ensure that it is more easily processed by the VA.

The next step is to take another Compensation and Pension (C&P) examination. A federal VA rater will perform this test. They will examine your physical and psychological symptoms in order to determine if you qualify for disability benefits. It's important to have the necessary documentation prior to undergoing this test to maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has examined the medical evidence you submitted and has completed the examination you will receive a decision letter. This will contain an introduction, a statement of your disability status and specific amount, a listing of the medical evidence they reviewed and a brief description of any reasons they ruled against you in making their decision.

Our firm is able to assist in completing the appeals process if your claim was rejected or if you've received a rating that doesn't adequately compensate you for the ailments you're experiencing. We can help you appeal the denial of your claim by preparing an extensive appeal.

How can I challenge a VA Decision?

VA has three routes to consider when a claimant is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and decide if the original decision can be changed because of a difference of opinion or an error that was made. This is a great option for a claimant that does not have any new evidence to show and it can be completed in 120 days.

Then, you can submit an Supplemental Claim. It is an appeal where veterans disability lawyer 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 understand how your veterans disability compensation affects you). This type of appeal must be filed within one year from the date of a decision.

A third alternative is to file a formal appeal with the Board of veterans disability compensation Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will prepare an Statement of the Case or Veterans Disability Litigation SOC which will detail what laws and regulations were used to make the decision, a list of the evidence considered, and it will also 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 take the case to a federal appeal court. This is the most difficult route and can be expensive, but it could be the only way to ensure the best possible outcome for your client.

How much will a lawyer Charge for appeals?

A seasoned disability attorney brings clarity to the appeals process. They can quickly determine what was missing from your initial claim to allow it for review. They will also assist you in choosing the most effective method to appeal an appeal. Scrutinizing the reasons for the denial, assisting you in preparing medical evidence to support your claim, and presenting this evidence in a proper manner are all essential to the job.

If the court orders a disabled veteran pay child maintenance or alimony and child maintenance, the veteran can't ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for ignoring the order of a judge.

A recent settlement of a class action lawsuit could be a major win for veterans disability attorneys with PTSD. Medical News Today reports the settlement will result thousands of veterans disability legal who previously were not eligible for disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who suffered an injury to the brain that left him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how the anticipated $100,000 settlement will affect his ability to claim these benefits. Jim understands that he must demonstrate that he is financially in need to continue receiving the monthly pension payment but wonders what can be done to minimize the impact on other sources of income.