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Veterans Disability Litigation

Lawyers can assist veterans disability lawyer file a first veterans disability case claim or challenge the VA decision on the claim. However, the law currently prohibits lawyers from charging for assistance in filing an initial claim.

Monk alleges that the VA denied his claims for benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process to rectifying any decisions that are not in the best interest of the public.

What is an VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) offers financial assistance to spouses, children and parents of Service members who died while on active duty or through service-related injuries.

Tinnitus is the #1 most frequent ailment. It is a condition that manifests when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, Veterans Disability Litigation or other sounds, but only you can hear them.

Sciatica is among the most frequent conditions. Sciatica can occur when a herniated disc or bone spur causes compression of the sciatic nerve. The sciatic nerve is located in your lower spine through your buttocks, hips and down your legs. The numbness and pain can be felt in the buttocks and lower legs as well as the feet and can be severe.

The most common condition you can be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares or extreme anxiety depression, or uncontrollable thought of an incident that took place during your military service. A convincing defense of the claim using the source of the stressor during your service can help you get the PTSD rating you are entitled to. A traumatic brain injury is the easiest condition to qualify for and typically comes with a PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you'll need to go through certain steps. First, you need to submit medical evidence, such as a doctor's opinion and lab reports as well as Xrays to prove that your condition meets the VA's definition of disability. It's often helpful to have your lawyer collect and submit this evidence as part of your initial filing so that it can be easier to process by the VA.

You will then have to undergo an exam for Compensation and Pensions (C&P). A federal VA rater will administer this test. They will look at your physical and mental health in order to determine if you are eligible for disability benefits. It's crucial to have proper documentation before undergoing this test to maximize your chances of obtaining the benefits you deserve.

You will be issued a letter of decision when the C&P examiner has reviewed your medical evidence and completes the exam. It will contain an introduction, a decision of your disability status and specific amount, a listing of the medical evidence they reviewed and a brief description of any reasons why they did not choose you in making their decision.

If your claim is denied or you receive an unjustified rating that doesn't cover all of the issues you are suffering from, our company can help with the appeals process. We can assess why your claim was denied and craft a comprehensive and strategic appeal to end the matter in your favor.

What can I do to challenge a VA Decision?

VA offers three options to claimants who disagree with the decision. First a Senior Reviewer can review the same evidence and determine whether the original decision could alter based on a divergence of opinion or omission. This is a good option for a claimant that does not have new evidence to provide and can be completed within 120 days.

The second alternative is to submit an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it has to be relevant and new. It can also include nonmedical evidence, like lay statements. These are sworn statements by those who know how your disability affects. This type of appeal must be filed within a year after the date of a decision.

Another alternative is to submit a formal appeal to the Board of veterans disability attorney Appeals. This is done by filing an VA Form 21-0958, a Notice of Disagreement. The regional office will prepare an SOC (Statement of the case) after the appeal is filed. This will include a list evidence that was taken into account, the laws and regulations used to reach the decision and Veterans Disability Litigation the reasons why the decision was favorable, not favorable, 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 can be expensive, but it is the only way to ensure the best possible outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A skilled veteran disability lawyer can help you understand the appeals process. He or she can quickly determine what was missing from your initial claim to make it eligible for review and will assist you in deciding the best method to appeal a decision. The job involves analyzing the reasons for denial, assisting you in preparing medical evidence to support your claim and presenting your evidence in a proper way.

If a court decides that a disabled veteran must pay alimony ordered by the court or child support, the veteran isn't allowed to ignore the order and continue to receive VA compensation benefits. This is a law that is well-known and there are penalties for violating a court's order.

A recent settlement of a class action lawsuit may be a significant win for veterans disability lawsuit with PTSD. Medical News Today reports the settlement will allow thousands of veterans disability lawyers who previously had to be not eligible for disability benefits to receive lifetime benefits.

Jim is a 58 year old veteran who suffered a 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 his $100,000 settlement will impact his ability to receive these benefits. Jim is aware that he must to show that he is in need of the monthly pension payment, but he's not sure how he can reduce the impact on other income sources.