Annabelle Bosch asked 2 years ago
Veterans Disability Litigation
A lawyer can assist a veteran to file an initial claim for disability or challenge the validity of a VA decision. At present, lawyers aren’t permitted to charge for initial claims.
Monk alleges that the VA denied his claims for benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correct any erroneous decisions.
What is an VA Disability Claim?
A VA disability claim is a request for monthly benefits that are tax-free. Compensation is an unpaid benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) provides financial assistance to spouses, children and parents of Service members who die while on active duty or due to their service-related disabilities.
The most simple condition to establish is Tinnitus (ringing in the ear). It is a condition that can be experienced when you hear ringing in your ears, hissing, buzzing sounds, or any other sounds, but only you can hear them.
Sciatica is one of the more common conditions. It happens when an injured disk or bone spur compresses the sciatic nerve, which runs from your lower back through your buttocks and hips as well as down each leg. The buttocks and lower legs can be affected by pain and numbness.
The most common condition you can qualify for is Post Traumatic Stress Disorder (PTSD). You may experience recurring nightmares, extreme anxiety, depression, or uncontrollable thought about an event that occurred during your military service. A convincing proof of the claim using the source of the stressor during service can help you to get the PTSD rating you deserve. A head injury that is traumatic is the fourth most common condition to qualify for and usually comes with the PTSD diagnosis.
How do I submit a claim for VA Disability?
To file a claim you’ll need to follow a few steps. You must first provide medical evidence, like a doctor’s opinion or lab results, as well as X-rays to prove that your condition falls within VA’s definition of disability. It is often helpful to have a lawyer gather this medical evidence and submit it with your initial application so that the VA can process it faster.
Next, Veterans Disability Litigation you must undergo an Compensation and Pension (C&P) test. A federal VA rater will take this test. They will evaluate your physical and emotional symptoms in order to determine whether you are eligible for veterans disability claim benefits. You should have all the necessary documentation in order to maximize your chances of obtaining benefits.
You will receive a letter of determination once the C&P examiner has reviewed your medical evidence and finishes the examination. The letter will contain an introduction, the determining of your impairment and the amount of disability, a listing and a description of all medical evidence they considered and the reasons for their decision.
If your claim is rejected or you receive an amount that does not cover all of the symptoms that you suffer from, our firm will assist you in appealing the decision. We can assess the reason for the denial and draft a thorough and strategic appeal to end the issue to your satisfaction.
How do I challenge a VA decision?
VA has three paths to take when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and decide if the original decision can be changed because of a difference of opinion or an error that was made. This is a good option for a claimant that has no new evidence to present and can be completed in the 125 days.
Second, you can file a Supplemental Claim. This is an appeal in which an individual with a disability can submit new evidence but it has to be new and relevant. It may also contain non-medical evidence, like lay statements. These are statements that are sworn by people who understand the way your veterans disability compensation affects. This type of appeal must be submitted within one year following the decision.
Another alternative is to make a formal appeal to the Board of veterans disability claim Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the case) once the appeal has been filed. This will comprise a listing of the evidence that was taken into account, the laws and regulations that were used in making the decision, as well as the reasons for why the decision was favorable, unfavorable, or indeterminate.
If the BVA decision is upheld and the BVA decision is upheld, the last option is to refer the case to a federal appeals court. This is the most difficult and expensive route, but it might be the only option to get a fair result for your client.
How much will a lawyer Charge for Appeals?
A veteran disability lawyer can assist to clarify the appeals procedure. He or she will quickly determine what is missing from your claim, making it eligible to be reviewed and help you decide on the best method to appeal a ruling. Reviewing the reasons for denial, helping you in developing medical evidence to support your claim, and then presenting this evidence in a proper manner is all essential to the job.
If a court decides that a disabled veteran must pay court-ordered alimony or child support, that veteran isn’t able to disregard the order and continue to collect VA compensation benefits. This is a well-known law and there are penalties for breaking an order of a court.
A recent settlement of a class action lawsuit could be a significant win for veterans disability case with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a number of veterans disability lawyers previously denied disability benefits.
Jim an 58-year-old veteran who suffered a stroke that caused him to be 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 claim these benefits. Jim knows that he has to demonstrate that he is financially in need to continue receiving the monthly pension payment but wonders what can be done to minimize the impact on other sources of income.
