Veterans Disability Litigation
A lawyer can help a veteran to make an initial claim for disability or to contest a VA decision. At present, lawyers aren’t allowed to charge fees for initial claims.
Monk claims that the VA denied benefits due to PTSD and the discharge was not favorable. The VA has an extensive appeals process for fixing any erroneous decisions.
What is an VA Disability Claim (VAD)?
A VA disability claim is a request for monthly benefits that are tax-free. Compensation offers a cash reward to cover things like medical care and housing assistance. Dependency and Indemnity Compensation provides a monetary payment to spouses, parents and children of service members who have died on active duty or because of disability related to service.
The easiest disability to prove is Tinnitus (ringing in the ear). The symptom is when you notice a hissing, ringing buzzing or other sounds in either or both ears. It can only be heard by you, in contrast to those who have it.
Sciatica is among the more common conditions. Sciatica occurs when a herniated disk or bone spur can compress your sciatic nerve. This nerve is located in your lower spine to your buttocks and hips and down your legs. The buttocks and lower legs are susceptible to being affected by discomfort and feeling of numbness.
The third most straightforward condition to qualify for is Post Traumatic Stress Disorder (PTSD). It’s when you have frequent nightmares, extreme anxiety or depression or uncontrollable thoughts about a specific event that took place during your military service. You can earn the PTSD rating that you are entitled to by making a compelling claim and citing a stressful event that occurred during your military service. A head injury that is traumatic is the fourth most straightforward condition to get a rating for and is typically associated with the PTSD diagnosis.
How Do I File a VA Disability Claim?
To file a claim, you’ll need to follow some steps. The first step is to submit medical evidence such as medical opinions and lab reports as well as Xrays to establish that your condition is within the VA’s definition of disability. It’s usually helpful to have your lawyer collect and submit this evidence as part of your initial filing to ensure that it is more easily processed by the VA.
Then, you’ll have to take a Compensation and Pension (C&P) examination. A federal VA rater will conduct this test. They will examine your symptoms and physical condition to determine if you’re eligible for disability benefits. It is essential to have the necessary documentation prior to undergoing this exam so that you can maximize your chances of obtaining the benefits you deserve.
You will receive a letter of decision after the C&P examiner reviews the medical evidence you submitted and has completed the examination. The letter will include an introduction, a determination of your impairment and the amount of disability, a listing and a description of all medical evidence that was reviewed, and any reasons for their decision.
Our firm can help you in completing the appeals process if your claim was rejected or if you’ve received a rating which is not enough to compensate you for the ailments you’re experiencing. We will determine the reason for why your claim was denied and draft a thorough and strategic appeal that will resolve the issue to your satisfaction.
How do I challenge a VA Decision?
VA has three routes to choose from when a person is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and determine whether the original decision is due to a difference of opinion or an error that was made. This is a good alternative for a claimant who doesn’t have new evidence to present and it can be completed within 120 days.
The second option is to file a Supplemental Claim. This is an appeal process where clear lake veterans disability law firm can provide new evidence, however it must be to be new and relevant. It may also contain non-medical evidence, like lay statements. These are sworn statements 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 file a formal complaint with the Board of Veterans Appeals. This involves filing a Notification 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 used to make the decision, as well as a list of evidence that was examined and a description of the reasons behind the decision as either favorable, unfavorable or indeterminate.
If the BVA decision is upheld, the final option is to take the case to a federal appeal court. This is the most costly and time-consuming path, but it may be the only way to get a fair result for your client.
What is the cost a lawyer will charge for an appeal?
A seasoned disability attorney will help you understand the appeals process. He or she will quickly determine what is missing from your initial claim in order to qualify it for review and will help you determine the best method to appeal an appeal. The task involves analyzing the reasons for the denial, helping you to develop medical evidence to support your case, and presenting the evidence in a way that is appropriate.
If a judge or a judge orders a disabled veteran pay alimony or child support, that veteran isn’t allowed to ignore the order and continue to collect VA compensation benefits. This is a widely recognized law and there are consequences for violating a court order.
A recent settlement in a class action lawsuit could be a significant victory for south houston veterans disability lawsuit suffering from PTSD. Medical News Today reports the settlement will allow thousands fox river Grove veterans disability lawsuit who were previously not eligible for disability benefits to receive lifetime benefits.
Jim an 58-year-old veteran who suffered a stroke that made him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will affect his ability 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.