Veterans Disability Litigation

A lawyer can help veterans file an initial claim for disability or to contest the validity of a VA decision. Lawyers are currently not permitted to charge for initial claims.

Monk claims that the VA denied him benefits based on PTSD and the discharge was not favorable. The VA has a long appeals process to correct any unfavorable determinations.

What is an VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation provides a cash benefit to cover things like medical care and housing assistance. Dependency and Indemnity Compensation (DIC) provides an amount of money to spouses, children and parents of Service members who died in active duty or through service-related injuries.

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

Sciatica is one of the conditions that is easier to qualify for. It occurs when a herniated disk or bone spur puts pressure on the sciatic nerve which runs from your lower back to your hips and buttocks and down each leg. The numbness and pain are felt in the buttocks, lower legs and feet and can be severe.

The 3rd most simple condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). This occurs when you experience repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about a specific event that occurred during your military service. A strong statement in support of the claim using the source of the stressor in the course of service can help receive the PTSD rating you deserve. A head injury that is traumatic is the fourth easiest condition to qualify for and usually comes with an PTSD diagnosis.

How do I make a claim for a VA Disability?

There are several steps that must be taken to file an application. You must first submit medical evidence, including an opinion from a doctor or lab results, as well as the X-rays that prove your condition meets VA’s definition of disability. It is a good idea for a lawyer to collect the medical evidence and include it in your initial application, so that the VA can process it more easily.

Then, you must undergo an exam called Compensation and Pensions (C&P). A federal VA rater will conduct the exam. They will assess your physical and emotional symptoms in order to determine if you qualify for disability benefits. You should have all the necessary documentation in order to increase your chances of receiving benefits.

You will receive a letter of determination after the C&P examiner has reviewed your medical evidence and completes the examination. This will contain an introduction, a decision of your disability classification and the specific amount, a list of the medical evidence they considered and a statement of any reasons they ruled against you when they made their decision.

If your claim is denied or you are awarded a rating that does not provide you with all the symptoms that you are suffering from, our company can assist with the appeals process. We will determine the reason for the reason your claim was denied and draft a thorough and strategic appeal to resolve the issue to your satisfaction.

How do I challenge a VA decision?

VA has three paths to choose from when a person disagrees with the 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 is valid in light of a disagreement or an error made. This is a possibility for those who do not have new evidence to support their claim. It can be completed within 125 days.

Second, you can file a Supplemental Claim. This is an appeal where the veteran can present new evidence, but it has to be new and relevant. It may also contain non-medical evidence, such as lay statements. These are sworn statements by those who know how your disability affects you. This type of appeal must be submitted within one year following the decision.

A third alternative is to submit a formal appeal to the Board of delphos veterans disability Lawsuit Appeals. This is done by filing the VA Form 21-0958 and a Notice of Disagreement. Once the appeal is filed the regional office will prepare a Statement of the Case or SOC which will identify the laws and regulations used to make the decision, a list of evidence examined and a description of why the decision was made as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision from the BVA is upheld. This is the most costly and difficult option, but it could be the only option 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 identify what was missing from your initial claim in order to qualify it to be reviewed and assist you in choosing the most effective method to appeal a decision. The job entails analyzing the reasons behind the denial, helping you to develop medical evidence to support your case and presenting the evidence in a correct manner.

If an order from a court requires that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran can't ignore this order and continue to receive VA compensation benefits. This is a widely recognized law and carries a penalty if you violate an order of a court.

A recent settlement in a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands of pontiac veterans disability attorney who were previously denied disability benefits from receiving lifetime benefits.

Jim is a 58 year old veteran who suffered a stroke that rendered him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim understands that he must prove that he has the financial need to continue receiving the monthly pension payment, but is wondering what can be done to reduce the impact on his other sources of income.