Veterans Disability Litigation

A lawyer may help passaic veterans disability law firm file a first disability claim or challenge an VA decision regarding the claim. Currently, lawyers are not allowed to charge fees for initial claims.

Monk alleges that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to fixing any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation offers the spouses, parents and children of service members who died on active duty or because of disabilities related to service.

The easiest disability to establish is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear sounds ringing in your ears, veterans disability attorney a hissing sound, buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is another of the easier conditions to qualify for. Sciatica occurs when a herniated disc or bone spur puts pressure on the sciatic nerve. This nerve runs from your lower spine through your buttocks, hips and down your legs. Lower legs and buttocks can be affected by discomfort and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to be eligible for. You may experience recurring nightmares or extreme anxiety or depression, or uncontrollable thoughts about an event that occurred during your military service. You can achieve the PTSD rating you deserve by making a strong claim and citing an event that happened during your service. Traumatic head injuries are the fourth most straightforward condition to qualify for and is usually associated with the PTSD diagnosis.

How do I make a claim for a VA Disability?

In order to file a claim, you must follow certain steps. First, you need to submit medical evidence like an opinion from a doctor or lab report, as well as X-rays to establish that your condition falls within the VA's definition of disability. It is often beneficial to have your lawyer gather and submit this medical evidence as part of your initial filing to ensure that it is easier to process by the VA.

Then, you have to pass another Compensation and Pension (C&P) test. It will be administered by an official from the federal VA rater who will review your physical and medical conditions to decide whether or not you are eligible for disability benefits. It is essential to have the required documentation prior to taking the test so that you maximize your chances of obtaining the benefits you deserve.

You will receive a letter of determination after the C&P examiner reviews your medical evidence and passes the exam. This will contain an introduction, a determination of your disability rating and the specific amount, a list of the medical evidence they reviewed and a statement of any reasons they decided against you when they made their decision.

If your claim is rejected or you are awarded an unjustified rating that doesn't pay for all the symptoms that you suffer from, our firm can assist in the appeals process. We can help you appeal an appeal against a denial by preparing a comprehensive appeal.

How do I challenge a VA decision?

VA offers three options to take when a claimant is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and determine if the initial decision is in light of a disagreement or an error that was made. This is a great option for a claimant who has no new evidence to submit and it can be completed within 120 days.

The other option is to make a Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it must be relevant and new. It could also include non-medical evidence, such as lay statements. These are sworn statements from people who are aware of how your disability affects. This type of appeal must be filed within one year following the decision.

Thirdly, you can make a formal complaint to the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) after the appeal is filed. This will comprise a listing of the evidence that was taken into account, the laws and regulations used to make the decision, and the reasons for why the decision was favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most difficult route and can be expensive, but it is the only way to ensure an equitable outcome 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 to make it eligible for review and assist you in deciding the best method to appeal a ruling. Reviewing the reasons for denial, helping you in preparing medical evidence to support your claim, and presenting this evidence in a proper manner is all part of the job.

If a court decides that a disabled veteran must pay alimony ordered by the court or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a law that is well-known and there are consequences for breaking a court's order.

A recent settlement of a class action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of Booneville Veterans Disability Attorney previously denied disability benefits.

Jim is a 58-year old veteran who suffered a stroke which left him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his expected $100,000 settlement will affect his ability to receive these benefits. Jim knows that he needs to show that he is in need of the monthly Pension payment, but he wonders how he could minimize the impact on his other income sources.