Veterans Disability Litigation

A lawyer may help Elsmere Veterans Disability Attorney file a first disability claim or challenge a VA decision regarding the claim. However, the law currently prohibits lawyers from charging for assistance with an initial claim.

Monk alleges that the VA denied his claims for benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correct any unfavorable determinations.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is an application for tax-free monthly benefits. Compensation provides a cash payment to pay for things like housing and medical expenses. Dependency and Indemnity Compensation (DIC) offers an amount of money to spouses, children and parents of Service members who die while on active duty, or from their service-connected disabilities.

Tinnitus is among the top most common disability. This is a sign that can be experienced when you hear a ringing sound in your ears, the sound of hissing or buzzing sounds, or other sounds, but only you can hear them.

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

Post Traumatic Stress (PTSD) is the third condition that is easy to be considered for. This occurs when you experience repeated nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that took place during your military service. A convincing defense of the claim by citing the stressor that occurred in the course of service can help receive the PTSD rating you are entitled to. A traumatic brain injury is the most simple condition to qualify for and usually comes with a PTSD diagnosis.

How do I make a claim for a VA Disability?

To file a claim you must follow certain steps. First, you must submit medical evidence, such as a doctor’s opinion, lab results and the X-rays that prove your condition is within VA's definition of disability. It is often helpful for a lawyer to collect this medical evidence and provide it as part of your initial application so that the VA can process it faster.

Then, you'll have to take another Compensation and Pension (C&P) exam. This is conducted by an federal VA rater who will assess your symptoms and physical condition to decide whether or not you are eligible for disability benefits. It is essential to have the proper documentation before undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

You will receive a letter of determination once the C&P examiner has reviewed your medical evidence and finishes the exam. This letter will include an introduction, the determining of your disability and amount of your disability, a list and a an explanation of the medical evidence considered as well as any reasons for their decision.

Our firm is able to assist with the appeals process in case your claim has been denied or you have received a rating that doesn't adequately compensate you for the ailments you're experiencing. We can assist you in appealing an appeal against a denial by preparing an extensive appeal.

How can I contest a VA decision?

VA offers three options to those who are dissatisfied with a decision. First a Senior Reviewer can review the same evidence and determine if the original decision can be altered due to a difference of opinion or an absence. This is an excellent option for a person who doesn't have new evidence to show and can be completed within one hundred and fifty days.

You can also file an Supplemental Claim. This is an appeal where the veteran can present new evidence, however it must be to be original and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn statements of people who are aware of how your disability affects you). This type of appeal should be filed within one year from the date of a decision.

Another alternative is to file a formal appeal with the Board of veterans disability law firm Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will prepare an Statement of the Case or SOC which will describe the laws and regulations that were used to make the decision, as well as a list of the 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 in the event that the decision from the BVA is confirmed. This is the most difficult path and can be expensive, but it could be the only method to get a fair result for your client.

What is the average amount a lawyer can charge for an appeal?

A veteran disability lawyer can help to clarify the appeals process. He or she will swiftly determine what is missing from your claim, veterans disability attorney making it eligible to be reviewed and assist you in deciding the best way to appeal a ruling. The task involves analyzing the reasons for refusal, helping you create medical evidence to back your case and presenting the evidence in a correct manner.

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

A recent settlement of a class action lawsuit could be a major victory for rincon veterans disability law firm suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans who were previously denied disability benefits.

Jim the veteran, who is 58 years old, suffered an stroke that rendered him permanently disabled. He receives a pension from the VA, but also SSI and Medicaid payments. Jim is interested in knowing whether the $100,000 settlement will affect the ability to receive these benefits. Jim knows that he needs to show that he is in need of the monthly pension payment, but he's wondering what he can do to minimize the impact on other income sources.