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Veterans Disability Litigation
A lawyer can assist veterans file an initial claim for disability, or contest an VA decision. At present, lawyers aren't permitted to charge for initial claims.
Monk claims that the VA denied his claim for benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to making amends to any decision that is not favorable.
What is an VA Disability Claim (VAD)?
A VA disability claim is a request for tax-free monthly benefits. Compensation is cash benefits that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses, and children of service members who have died while on active duty or due to service-related disabilities.
The easiest disability to prove is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear hissing, ringing, buzzing, or other sounds in one or both ears and is only heard by you, and not to others who also have it.
Sciatica is another one of the most common conditions to diagnose. Sciatica can occur due to a herniated disc, or bone spur puts pressure on the sciatic nerve. The sciatic nerve runs from the lower part of your spine through your buttocks and hips and down your legs. The numbness and pain can be felt in the buttocks and lower legs as well as the feet. It can be quite severe.
The easiest condition to be eligible for is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts about an event that occurred during your military service. A strong statement in support of the claim with the stressor that occurred during your service can help you receive the PTSD rating you are entitled to. A traumatic brain injury is the most simple condition to be eligible for and is usually associated with the PTSD diagnosis.
How do I file a claim for VA Disability?
To file a claim you must follow a few steps. First, you must submit medical evidence, such as an opinion from a doctor, lab results and X-rays, to prove that your condition is within VA's definition of disability. It is usually beneficial to have a lawyer gather this evidence medically and include it in your initial application, so that the VA will be able to process it more easily.
Then, you'll have to take another Compensation and Pension (C&P) exam. A federal VA rater will administer this test. They will look at your physical and mental health to determine whether you are eligible for disability benefits. It is essential to have the required documentation prior to taking the exam so that you can maximize your chances of obtaining the benefits you deserve.
You will receive a letter of determination once the C&P examiner reviews the medical evidence you submitted and has completed the exam. This letter will include an introduction, a determination of your disability, the amount as well as a list and the description of all medical evidence that was reviewed as well as any reasons for their decision.
Our firm can help you with the appeals process in case your claim has been denied or you have received a rating which does not adequately compensate you for the conditions you are experiencing. We will determine the reason for the reason your claim was denied and prepare a comprehensive and strategic appeal to end the issue to your satisfaction.
What can I do to challenge a VA Decision?
VA offers three options to those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and decide if the original decision could be modified in light of a disagreement or an error that was made. This is an option for claimants who don't have any new evidence to support their claim. It can be completed within about 125 days.
Then, you can file a Supplemental Claim. It is an appeal in which veterans can add new evidence, but it must be relevant and new. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn by those who know how your disability affects you. This type of appeal must be filed within one year after a decision.
Another alternative is to file a formal appeal with the Board of southside veterans disability lawyer Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will draft a Statement of the Case or SOC which will detail what laws and regulations were used in reaching the decision, along with a list of the evidence considered and it will describe why the decision was made as either favorable, unfavorable, or indeterminate.
If the BVA decision is affirmed in the end, the only alternative is to appeal the case to a federal appeals court. This is the most expensive and difficult option, but it could be the only option to obtain a fair decision for your client.
What is the cost a lawyer will Charge for appeals?
A skilled veteran disability attorney provides clarity to the appeals process. He or she will quickly determine what was lacking from your initial claim to allow it for review. They will also assist you in choosing the most effective method to appeal an appeal. The job involves analyzing the reasons behind the denial, helping you to develop medical evidence to support your claim and presenting your evidence in a way that is appropriate.
If a judge orders a disabled veteran to pay alimony or child support, that veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for breaking an order of a court.
A recent settlement in a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will result thousands of farragut veterans disability Attorney - vimeo.com, who previously were denied disability benefits from receiving lifetime benefits.
Jim is a 58-year veteran who had a stroke which left him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim wants to know the impact of his $100,000 settlement on his affect his eligibility for these benefits. Jim realizes that he has to show that he is in need of the monthly Pension payment, but he wonders how he can minimize the impact on his other income sources.
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