20 Trailblazers Lead The Way In Veterans Disability Claim

americus veterans disability lawsuit Disability Litigation

A lawyer can assist a veteran to submit an initial claim for disability or contest an VA decision. Currently, lawyers are not allowed to charge for initial claims.

Monk claims that the VA denied his claims for benefits due to PTSD and an unfavorable discharge. The VA has a long 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 cash benefits that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation offers cash payments to spouses, parents and children of Service members who have passed away on active duty or as a result of disability related to service.

The most common condition to establish is Tinnitus (ringing in the ear). It is a symptom that can be experienced when you hear a ringing in your ears, the sound of hissing or buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is one of the most frequently encountered conditions. Sciatica is a condition that occurs when a herniated disk or bone spur puts pressure on your sciatic nerve. The sciatic nerve runs from your lower spine through your buttocks, hips and down your legs. Lower legs and buttocks can be affected by discomfort and numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can be able to qualify for. You may experience recurring nightmares, extreme anxiety, depression, or uncontrollable thoughts of an incident that took place during your military service. A convincing argument in support of the claim using an event that caused stress during your service may help you to get the PTSD rating you are entitled to. A head injury that is traumatizing is the fourth easiest condition to qualify for, and it usually comes with an PTSD diagnosis.

How do I submit a claim for VA Disability?

There are a variety of steps that must be taken to file an claim. First, you need to submit medical evidence like the opinion of a doctor, lab reports and X-rays to establish that your condition is within the VA's definition of disability. It is often helpful for a lawyer to collect the medical evidence and include it in your initial application so that the VA can process it faster.

Then, you'll have to take a Compensation and Pension (C&P) exam. This is conducted by a federal VA rater who will examine your symptoms and physical condition to determine whether or not you qualify for disability benefits. You should have all the required documentation to maximize your chances of receiving benefits.

You will receive a letter of decision once the C&P examiner has reviewed your medical evidence and passes the examination. The letter will include an introduction, a determination of your disability classification and specific amount, a list of the medical evidence they considered and a description of the reasons why they did not choose you when they made their decision.

Our firm can assist in the appeals process if your claim has been denied or you've received a rating which does not compensate you adequately for the issues you are experiencing. We can assist you in appealing an appeal against a denial by preparing an extensive appeal.

How do I challenge a VA decision?

VA has three avenues to consider when a claimant is not happy with the decision. First the Senior Reviewer will review the same evidence to determine whether the original decision could alter based on a divergence of opinion or an absence. This is a possibility for claimants who don't have any new evidence to present. It can be completed within one hundred and fifty days.

The second option is to make a Supplemental Claim. This is an appeal where veterans can provide new evidence, but it has to be relevant and new. It can also be accompanied by non-medical evidence such as lay statements (sworn statements from those who understand how your condition affects you). This type of appeal should be made within a year from the date of a decision.

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

If the BVA decision is upheld then the only option left is to appeal the case to a federal appeal court. This is the most challenging option and can be expensive but it could be the only option to obtain an appropriate outcome for your client.

How Much Will a Lawyer Charge for appeals?

A good veteran disability attorney can help you understand the appeals process. They'll quickly identify what is lacking from your claim, making it eligible to be reviewed and help you determine the best way to appeal a ruling. The job involves analyzing the reasons behind the denial, helping you to develop medical evidence to prove your case and presenting your evidence in a proper way.

If a court or a judge orders a disabled veteran pay alimony ordered by the court or child support, the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for breaking the court's order.

A recent settlement in a class-action lawsuit could be a significant victory for steubenville veterans disability attorney with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of truckee veterans disability attorney who had previously been denied disability benefits.

Jim an 58-year-old veteran who suffered a stroke that rendered him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim is curious to know the impact of his $100,000 settlement on his impact his ability to receive these benefits. Jim understands that he must demonstrate that he is financially in need to continue receiving the monthly pension payment, but he wonders what could be done to reduce the impact on other sources of income.