veterans disability law firm Disability Litigation

Lawyers can assist a veteran file an initial disability claim or challenge a VA decision on the claim. In the present, lawyers aren't allowed to charge for initial claims.

Monk alleges that the VA denied his claims for vimeo benefits due to PTSD and an unfavorable discharge. The VA offers a comprehensive appeals procedure to rectify any unfavorable determinations.

What Is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to pay for things like housing and medical treatment. Dependency and Indemnity Compensation offers an amount of money to spouses, parents and children of service members who have died while on active duty or because of disabilities related to service.

Tinnitus is among the top most frequently reported disorder. This condition occurs when you hear hissing, ringing, buzzing or other sounds from one or both ears. The sound can only be heard by you, as opposed to other people who have it.

Sciatica is among the most frequently encountered conditions. It happens when a herniated disc or bone spur puts pressure on the sciatic nerve which runs from your lower back, through your buttocks and hips, and down each leg. Numbness and pain are felt in the buttocks and lower legs as well as the feet. It can be extremely.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be eligible for. It is a condition that occurs when you experience recurring nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that occurred during your military service. A strong statement in support of the claim by citing a stressor that occurred in the course of service can help achieve the PTSD rating you deserve. A traumatizing brain injury is the 4th most common condition to qualify for and usually accompanies an PTSD diagnosis.

How do I make a claim for a VA Disability?

In order to file a claim, you'll need to go through a few steps. First, you must submit medical evidence such as the opinion of a doctor, lab reports and X-rays to prove that your condition is in line with the VA's definition of disability. It is often beneficial to have your lawyer gather the medical evidence as part of the initial filing to ensure that it is easier to process by the VA.

You must then undergo an exam called Compensation and Pensions (C&P). It will be administered by an official from the federal VA rater who will assess your physical and mental health to determine whether or not you qualify for disability benefits. You must have all the documentation required in order to maximize your chances of receiving benefits.

After the C&P examiner has looked over your medical evidence and completed the examination, you will receive the decision letter. It will contain an introduction, a decision of your disability rating as well as a the specific amount, a list of the medical evidence they reviewed and a statement of any reasons they decided against you in making their decision.

If your claim is denied or you receive an unjustified rating that doesn't provide you with all the conditions you are suffering from, our firm will assist you in appealing the decision. We can assess the reasons for your claim being denied and draft a thorough and strategic appeal to settle the matter in your favor.

How can I challenge a VA decision?

VA offers three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence and determine if the initial decision could be modified based on difference of opinion or an error made. This is an option for applicants who don't have new evidence to support their claim. It can be completed in about 125 days.

Second, you can file a Supplemental Claim. It is an appeal where a veteran may add new evidence, but it has to be relevant and new. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn by people who understand the way your disability affects you. This appeal has to 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. This will contain a list of evidence considered, the laws and regulations utilized to reach the decision and the reasons behind why the decision was favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most challenging option and can be expensive, but it could be the only way to get an equitable outcome for your client.

What is the cost a lawyer will Charge for appeals?

A skilled veteran disability attorney will help you understand the appeals process. They can quickly determine what is missing from your initial claim to make it eligible to be reviewed and vimeo help you determine the best method to appeal a decision. The task involves analyzing the reasons behind refusal, helping you create medical evidence to support your case and presenting your evidence in a correct manner.

If a court orders that a disabled veteran pay child maintenance or alimony, the veteran cannot ignore this order and continue receive VA compensation benefits. This is a well-known law and there are penalties for violating the court's order.

A recent settlement of a class action lawsuit may be a major victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of veterans previously denied disability benefits.

Jim is a 58 year veteran who had a stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know what the expected $100,000 settlement will impact his eligibility for these benefits. Jim knows that he needs to prove that he's in need of the monthly Pension payment, but he's not sure how he can minimize the impact on his other income sources.