veterans disability (Https://vimeo.com/709571470) Litigation

A lawyer can assist veterans submit an initial claim for disability, or contest an VA decision. Lawyers are currently not permitted to charge for initial claims.

Monk claims that the VA denied him benefits based on PTSD, and a discharge that was not favorable. The VA has a lengthy appeals procedure for making amends to any decision that is not favorable.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is cash benefits that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to parents, spouses, and children of Service members who died while on active duty or from their service-connected disabilities.

Tinnitus is the #1 most common disability. This symptom occurs when you notice a hissing, ringing buzzing or veterans disability other sounds from either or both ears. It can only be heard by you, in contrast to others who also have it.

Sciatica is one of the most common ailments. It can occur when a herniated disk or bone spur causes compression of the sciatic nerve which runs from your lower back, through your buttocks and hips, and down each leg. The numbness and pain can be felt in the buttocks, lower leg and feet and can be severe.

Post Traumatic Stress (PTSD) is the third easiest condition to qualify. It is a condition that occurs when you experience constant nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event that happened in your military service. A convincing argument in support of the claim by citing a stressor that occurred during service can help you achieve the PTSD rating you merit. A traumatizing brain injury is among the easiest condition to qualify for and typically comes with the PTSD diagnosis.

How do I make a claim for a VA Disability?

There are a variety of steps to be followed to make a claim. First, you need to submit medical evidence like a doctor's opinion, lab reports and X-rays to establish that your condition falls within the VA's definition of disability. It's usually helpful to have your lawyer collect and submit this medical evidence as part of the initial filing to ensure that it is more easily processed by the VA.

Then, you have to pass an Compensation and Pension (C&P) exam. A federal VA rater will conduct this exam. They will look at your symptoms and physical condition in order to determine whether you are eligible for disability benefits. You should have all the documentation required to increase your chances of receiving benefits.

You will receive a decision letter once the C&P examiner reviews the medical evidence you submitted and has completed the exam. The letter will contain an introduction, a determination of your disability and amount as well as a list and details of all medical evidence that was reviewed, and any reasons for their decision.

If your claim is denied or Veterans Disability you receive an unjustified rating that doesn't pay for all the ailments you are suffering from, our firm will assist in the appeals process. We can help you appeal the denial of your claim by preparing an extensive appeal.

How do I challenge a VA Decision?

VA provides three options to claimants who disagree with a decision. First the Senior Reviewer will review the same evidence and determine whether the original decision could be changed due to a change of opinion or error. This is a great option for a person who does not have new evidence to show and can be completed in 125 days.

Then, you can file an Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be relevant and new. It can also include nonmedical evidence, like lay statements. These are statements that are sworn from people who are aware of how your disability affects you. This appeal must be filed within one year after a decision.

Thirdly, you can make a formal complaint to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958, also known as a Notice of Disagreement. After the appeal has been filed, the regional office will prepare a Statement of Case or SOC which will identify the laws and regulations used to reach the decision, as well as a list of evidence examined and a description of the reasons for the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed, the final option is to appeal the decision to a federal appeals court. This is the most difficult path and can be expensive but it is the only option to obtain an appropriate outcome for your client.

What is the cost a lawyer will charge for an appeal?

A skilled veteran disability lawyer brings clarity to the appeals process. He or she will quickly determine what is missing from your claim to make it eligible to be reviewed and help you determine the best way to appeal a decision. Examining the reasons behind the rejection, and assisting you with making medical evidence to back your claim, and presenting your evidence in a way that is appropriate is all necessary steps.

If a court decides that a disabled veteran must pay alimony or child support, the veteran cannot 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 in a class action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans disability lawyer who were previously denied disability benefits.

Jim, a 58-year-old veteran who suffered a stroke that made him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim wants to know whether his $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he has to prove that he is in need of the monthly pension payment, but he is wondering how he could minimize the impact on his other income sources.