veterans disability law firms (go to these guys) Disability Litigation
Lawyers can assist a veteran file an initial disability claim or challenge the VA decision regarding the claim. However, current law prohibits lawyers from charging for assistance in filing an initial claim.
Monk claims that the VA denied him benefits based on PTSD and an unfavourable discharge. favorable. The VA has an extensive appeals process for rectifying any decisions that are not in the best interest of the public.
What Is a VA Disability Claim?
A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to cover expenses such as medical care and housing assistance. Dependency and Indemnity Compensation (DIC) provides the spouses, children and parents of deceased Service members while on active duty, or through service-related injuries.
The most common condition to prove is Tinnitus (ringing in the ear). It is a symptom that is triggered when you hear sounds ringing in your ears, hissing or buzzing sounds, or any other sounds that are only able to hear them.
Sciatica is one of the conditions that is easier to be diagnosed with. Sciatica occurs when a herniated disc bone spur compresses the sciatic nerve. The sciatic nerve runs from your lower spine through your buttocks, hips and down your legs. The 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 condition that is easy to qualify. It’s when you have recurring nightmares, extreme anxiety or depression or uncontrollable thoughts about an event that took place during your military service. A convincing proof of the claim with a stressor that occurred in the course of service can help achieve the PTSD rating you merit. A traumatizing brain injury is among the easiest condition to be eligible for and is usually associated with an PTSD diagnosis.
How do I file a VA Disability Claim?
There are a number of procedures to follow to start a claim. First, you must submit medical evidence such as the opinion of a doctor and lab reports as well as Xrays to establish that your condition meets the VA’s definition of disability. It’s usually helpful to have your lawyer collect and submit this medical evidence in your initial filing so that it can be more easily processed by the VA.
Then, you must undergo an examination for Compensation and Pensions (C&P). A federal VA rater will take this exam. They will examine your symptoms and physical condition to determine if you are eligible for disability benefits. You should have all the documentation required in order to maximize your chances of obtaining benefits.
After the C&P examiner has reviewed your medical evidence and completed the exam you will receive an official decision letter. It will include an introduction, a statement of your disability classification and the specific amount, a list of the medical evidence they reviewed and a brief description of any reasons they ruled against you in deciding.
If your claim is rejected or you are awarded a rating that does not pay for all the ailments you suffer from, our firm will assist with the appeals process. We can assess the reasons for your claim being denied and craft a comprehensive and strategic appeal to end the issue to your satisfaction.
How can I challenge a VA Decision?
VA provides three options to applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence again and determine if the initial decision could be modified because of a difference of opinion or an error that was made. This is a possibility for applicants who don’t have new evidence to support their claim. It can be completed in one hundred and fifty days.
Second, you can submit an Supplemental Claim. It is an appeal in which veterans disability lawsuit can add new evidence, but it has to be relevant and new. It could also include non-medical evidence such as lay statements (sworn declarations from people who know how your disability affects you). This type of appeal should be made within a year after 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. The regional office will draft an SOC (Statement of the Case) after the appeal has been filed. This will contain a list evidence that was taken into account, the regulations and laws used in making the decision, as well as the reasons behind why the decision was favorable, unfavorable, or indeterminate.
The final option is to appeal to a federal court in the event that the decision of the BVA is upheld. This is the most difficult route and is costly, but it is the only way to get an equitable outcome for your client.
What is the average amount a lawyer can charge for an appeal?
A good veteran disability attorney brings clarity to the appeals process. He or she will quickly identify what is lacking from your claim to make it eligible for review and assist you in deciding the best method to appeal a decision. The job entails analyzing the reasons behind the denial, helping you to develop medical evidence to prove your case and presenting your evidence in a professional manner.
If a court or a judge orders a disabled veteran pay alimony or child support, that veteran cannot ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and carries a penalty when you do not comply with an order of a court.
A recent settlement in a class-action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans previously denied disability benefits.
Jim is a 58-year veteran who had a stroke that rendered him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim is curious to know whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim knows he has to prove that he is in need of the monthly pension payment, but he’s not sure what he can do to minimize the impact on his other income sources.