Veterans Disability Litigation A lawyer can help a veteran to submit an initial claim for disability or contest the validity of a VA decision. At present, lawyers aren't allowed to charge fees for initial claims. Monk claims that the VA denied benefits due to PTSD, and a discharge that was not favorable. The VA has an extensive appeals procedure to rectify any erroneous determinations. What is a VA Disability Claim (VAD)? A VA disability claim is a request for tax-free monthly benefits. Compensation provides a cash payment to pay for things like housing assistance and medical care. Dependency and Indemnity Compensation (DIC) offers an amount of money to parents, spouses, and children of Service members who die while on active duty, or due to their service-related disabilities. The most simple condition to prove is Tinnitus (ringing in the ear). It is a condition that manifests when you hear a ringing in your ears, a hissing sound, buzzing sounds, or other sounds however, you are unable to hear them. Sciatica is among the most frequently encountered conditions. Sciatica can occur when a herniated disc or bone spur causes compression of your sciatic nerve. This nerve runs from your lower spine through your buttocks, hips and down your legs. The numbness and pain can be felt in the buttocks, lower legs, and feet and can be severe. Post Traumatic Stress (PTSD) is the third condition that is easy to be eligible for. This is when you experience frequent nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about an incident that took place during your military service. You can get the PTSD rating that you deserve by making a convincing claim and citing a stressful event that took place during your time of service. A traumatizing brain injury is the most simple condition to be eligible for and is usually associated with a PTSD diagnosis. How do I make a claim for a VA Disability? To file a claim you must follow a few steps. You must first provide medical evidence, including 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 usually beneficial for a lawyer to collect this medical evidence and provide it as part of your initial application, so that the VA can review it faster. Then, you'll have to take another Compensation and Pension (C&P) test. This is conducted by an federal VA rater who will review your physical and mental health to decide whether or not you qualify for disability benefits. It's important to have the proper documentation before undergoing this exam so that you can maximize your chances of obtaining the benefits you deserve. After the C&P examiner has reviewed your medical evidence and completed the examination, you will receive an official decision letter. It will contain an introduction, a decision of your disability classification and the specific amount, a list of the medical evidence they considered and a description of the reasons why they decided against you in making their decision. If your claim is denied or you are awarded a rating that does not pay for all the conditions you suffer from, our firm will help with the appeals process. We can determine the reasons behind the reason your claim was denied and then prepare a thorough and strategic appeal that will resolve the matter in your favor. How can I contest a VA decision? VA provides three options to those who are dissatisfied with the decision. First the Senior Reviewer will examine the same evidence and determine if the original decision can be changed due to a change of opinion or an error. This option is available to applicants who don't have new evidence to support their claim. The process can be completed within the 125 days. The second alternative is to submit a Supplemental Claim. It is an appeal where a veteran may add new evidence, but it must be relevant and new. It could also include non-medical evidence such as lay statements (sworn statements from people who understand how your condition affects you). This type of appeal must be filed within one year after the date of a decision. Another alternative is to submit a formal appeal to the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) once the appeal is filed. This will include a list evidence that was considered, the regulations and laws used in making the decision, as well as the reasons why the decision was favourable, unfavorable or indeterminate. If the BVA decision is affirmed in the end, the only alternative is to refer the case to a federal appeals court. This is the most challenging option and can be expensive but it could be the only way to get an appropriate outcome for your client. How much will a lawyer charge for an appeal? A veteran disability lawyer can assist to clarify the appeals process. They will quickly determine what is missing from your claim, making it eligible to be reviewed and help you determine the best method to appeal a ruling. Analyzing the reasons for the rejection, and assisting you with creating medical evidence to support your claim, and presenting your evidence in a way that is appropriate are all part of the job. If the court orders that disabled veterans pay alimony or child maintenance and child maintenance, the veteran cannot evade the order and continue receive VA compensation benefits. This is a well-recognized law and there are penalties for ignoring an order of a court. A recent settlement of a class action lawsuit could be a significant win for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans who had previously been denied disability benefits. Jim is a 58-year veteran who had a stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he has to prove that he is in need of the monthly pension payment, but he is wondering what he can do to minimize the impact on his other income sources.