newton falls veterans disability law firm Disability Litigation

Lawyers can assist pleasanton veterans disability lawsuit file an initial disability claim or contest an VA decision on the claim. However, current law prohibits lawyers from charging fees for assistance with an initial claim.

Monk claims that the VA denied him benefits based on PTSD and a discharge that was not favorable. The VA has an extensive 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 tax-free monthly benefits. Compensation provides a cash benefit to cover expenses such as housing assistance and medical care. Dependency and Indemnity Compensation (DIC) provides financial assistance to parents, spouses, and children of Service members who die in active duty or due to their service-related disabilities.

Tinnitus is by far the most frequently reported disorder. This symptom occurs when you hear hissing, ringing, buzzing, or other sounds in one or both ears. The sound can only be heard by you, and not to other people who have it.

Sciatica is one of the most frequent conditions. It happens 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. Lower legs and buttocks can be affected by discomfort and feeling of numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can qualify. You may have frequent nightmares or extreme anxiety depression, or uncontrollable thought about an incident that occurred during your military service. You can obtain the PTSD rating that you are entitled to by making a compelling claim and citing an event that occurred during your service. Traumatic head injuries are the fourth condition that is easy to prove and is usually associated with the PTSD diagnosis.

How do I make a claim for a VA Disability?

There are a number of procedures to follow to make an application. You must first submit medical evidence, like an opinion from a doctor or lab results, as well as the X-rays that prove your condition is within VA's definition of disability. It's usually beneficial to have your lawyer gather the medical evidence and submit it in your initial filing to ensure that it is easier to process by the VA.

Then, you must undergo a Compensation and Pensions (C&P). It will be administered by an federal VA rater who will assess your physical and psychological symptoms to decide whether or not you qualify for disability benefits. It is essential to have the appropriate documentation prior to taking this exam to maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has assessed the medical evidence you submitted and has completed the examination you will be issued the decision letter. The letter will include an introduction, a declaration of your disability status and specific amount, a listing of the medical evidence they reviewed and a description of the reasons why they decided against you when they made their decision.

If your claim is denied or you receive an amount that does not compensate you for all of the symptoms that you are suffering from, our company can assist with the appeals process. We can determine the reasons behind the reason your claim was denied and then prepare a thorough and strategic appeal to resolve the issue in your favor.

What can I do to challenge a VA Decision?

VA has three routes to take when a claimant disagrees with the decision. First an Senior Reviewer will look over the same evidence and determine whether the original decision could be altered due to a difference of opinion or exclusion. This is a possibility for those who don't have new evidence to support their claim. The process can be completed within about 125 days.

Then, you can file an Supplemental Claim. This is an appeal where barnstable Town veterans disability lawsuit can provide new evidence, but it has to be original and relevant. It can also include nonmedical evidence, like lay statements. These are sworn statements by those who know how your disability affects. This type of appeal must be filed within one year following a decision.

A third alternative is to file a formal appeal with the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will draft a Statement of Case or SOC which will identify the laws and regulations that were used to reach the decision, and a list of evidence considered and it will describe the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld in the end, the only alternative is to refer the case to a federal appeals court. This is the most difficult path and is costly, but it is the only way to ensure the best possible outcome for your client.

How much will a lawyer charge for an appeal?

A skilled veteran disability attorney can help you understand the appeals process. They will quickly identify what is lacking from your claim, making it eligible for review and assist you in deciding the best way to appeal a ruling. Analyzing the reasons for the rejection, and assisting you with developing medical evidence to support your claim, and presenting this evidence in a professional manner is all necessary steps.

If a judge decides that a disabled veteran must pay alimony, alimony that was ordered by a court, or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a law that is well-known and there are penalties for breaking the court's order.

A recent settlement in a class-action lawsuit could be a major victory for veterans with PTSD. Medical News Today reports the settlement will allow thousands of veterans who had previously been denied 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 as well as SSI and Medicaid payments. Jim wants to know how the anticipated $100,000 settlement will affect his ability to receive these benefits. Jim is aware that he must to show that he is in need of the monthly Pension payment, but he wonders how he can reduce the impact on his other income sources.