Veterans Disability Litigation
A lawyer can help
melrose park veterans disability attorney file an initial disability claim or contest the VA decision regarding the claim. Currently, lawyers are not allowed to charge for the initial claims.
Monk alleges that the VA denied his claim to benefits because of PTSD and an unfavorable discharge. The VA offers a comprehensive appeals process to correct any unfavorable decisions.
What Is a VA Disability Claim?
A VA disability claim is a form of application for tax-free monthly benefits. Compensation is an unpaid benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation offers an amount of money to spouses, parents and children of Service members who have died while on active duty or as a result of service-related injuries.
Tinnitus is the #1 most frequent ailment. This symptom occurs when you notice a hissing, ringing buzzing, or other sounds in one or both ears and can only be heard by you, as opposed to others who also suffer from it.
Sciatica is one of the more common conditions. It occurs when a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back through your buttocks, hips and down each leg. The buttocks and lower legs can be affected by discomfort and numbness.
The 3rd most simple condition to qualify for is Post Traumatic Stress Disorder (PTSD). You may experience recurring nightmares, extreme anxiety, depression, or a recurring thought about an event that occurred during your military service. A strong statement in support of the claim with a stressor that occurred in the course of service can help get the PTSD rating you merit. Traumatic head injuries are the fourth most common condition to qualify for and is usually associated with the PTSD diagnosis.
How do I file a VA Disability Claim?
There are a number of steps to follow to submit an claim. First, you need to submit medical evidence, such as medical opinions or lab reports, X-rays and lab reports to establish that your condition is within the VA's definition of disability. It is often beneficial to have your lawyer collect and submit this medical evidence as part of the initial filing to ensure that it is more easily processed by the VA.
You then need to go through an exam for Compensation and Pensions (C&P). This will be performed by an federal VA rater who will examine your physical and psychological symptoms to decide whether or not you qualify for disability benefits. It is crucial to have the necessary documentation prior to undergoing this test to maximize your chances of obtaining the benefits you deserve.
After the C&P examiner has examined the medical evidence you submitted and has completed the exam you will be issued a decision letter. This letter will include an introduction, the determination of your disability and the amount of disability, a listing and a the description of all medical evidence they considered and the reasons for their decision.
If your claim is rejected or you receive a rating that does not provide you with all the conditions you are suffering from, our firm can help with the appeals process. We will determine the reason for why your claim was denied and draft a thorough and strategic appeal to settle the issue in your favor.
How can I contest a VA decision?
VA provides three options to those who are dissatisfied with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence over again and decide if the original decision is based on difference of opinion or an error made. This is a possibility for those who do not have new evidence to support their claim. It can be completed within one hundred and fifty days.
Second, you can make an Supplemental Claim. It is an appeal where
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 people who understand the way your disability affects you. This appeal must be filed within a year after the date of a decision.
A third alternative is to make a formal appeal to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958 and a Notice Of Disagreement. Once the appeal is filed the regional office will draft a Statement of the Case or SOC which will identify the laws and regulations that were used in reaching the decision, as well as a list of evidence that was 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 get a fair result for your client.
What is the average amount a lawyer can charge for an appeal?
A seasoned disability attorney brings clarity to the appeals process. He or she will quickly determine what was missing from your initial claim to be eligible for review and will assist you in deciding the best method to appeal an appeal. The task involves analyzing the reasons behind denial, helping you develop medical evidence to support your case, and presenting the evidence in a correct manner.
If a judge requires a disabled veteran to pay alimony or child support, that 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 breaking a court's order.
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 thousands of veterans who had previously been denied disability benefits.
Jim an 58-year-old veteran was struck by a stroke and caused him to be permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim is interested in knowing how his anticipated $100,000 settlement will impact his eligibility for these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly pension payment, but he wonders what could be done to minimize the effect on his other sources of income.
