Veterans Disability Litigation A lawyer can assist veterans file an initial claim for disability benefits or challenge an VA decision. Currently, lawyers are not allowed to charge for initial claims. Monk claims that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process for correcting any unfavorable decisions. What Is a VA Disability Claim? A VA disability claim is a request for tax-free monthly benefits. Compensation provides a cash benefit to cover expenses such as medical care and housing assistance. Dependency and Indemnity Compensation provides the parents, spouses and children of Service members who died on active duty or as a result of disability related to service. The most simple condition to claim is Tinnitus (ringing in the ear). This condition occurs when you hear ringing, hissing, buzzing, or other sounds coming from the ear of one or both and can only be heard by you, in contrast to others who also suffer from it. Sciatica is one of the more common conditions to be able to treat. It can occur when a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back to your buttocks and hips as well as down each leg. The numbness and pain are felt in the buttocks and lower legs as well as the feet and can be severe. The most common condition you can qualify for is Post Traumatic Stress Disorder (PTSD). This occurs when you experience recurring nightmares, extreme anxiety or depression, or thoughts that are uncontrollable regarding a specific incident which occurred during your military service. You can earn the PTSD rating you deserve by making a strong claim and citing a stressful incident that occurred during your service. A head injury that is traumatizing is the fourth most common condition to qualify for, and it usually comes with the PTSD diagnosis. How Do I File a VA Disability Claim? There are many steps that must be taken to file an application. You must first provide medical evidence, including medical opinion from a physician, lab results and X-rays, to prove that your condition falls within VA's definition of disability. It's often helpful to have your lawyer collect and submit this medical evidence in your initial filing to ensure that it is more easily processed by the VA. You then need to go through a Compensation and Pensions (C&P). A federal VA rater will conduct the exam. They will look at your physical and mental health to determine if you're eligible for disability benefits. You should have all the necessary documentation to maximize your chances of receiving benefits. After the C&P examiner has examined your medical evidence and completed the exam, you will receive an official decision letter. It will include an introduction, a declaration of your disability rating and the exact amount, a list of the medical evidence they considered and a list of any reasons they ruled against you in making their decision. Our firm can assist in the appeals process if your claim has been denied or if you have received a rating which does not adequately compensate you for the conditions you are experiencing. We can analyze the reasons for why your claim was denied and then prepare a thorough and strategic appeal that will resolve the matter in your favor. How Do I Challenge a VA Decision? VA offers three options to follow when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence again and determine if the original decision could be modified based on difference of opinion or an error that was made. This option is available to those who do not have new evidence to prove. It can be completed within one hundred and fifty days. Then, you can submit a Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it has to be new and relevant. It can also be accompanied by non-medical evidence, such as lay statements (sworn declarations from people who understand how your disability affects you). This appeal must be filed within one year following a decision. Thirdly, you can make a formal complaint to the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will draft a Statement of the Case or SOC that will outline what laws and regulations were used to make the decision, and a list of evidence taken into consideration and will explain the reasons for the decision as either favorable, unfavorable or indeterminate. If the BVA decision is upheld then the only option left is to appeal the case to a federal appeals court. This is the most expensive and difficult path, but it may be the only option to ensure a fair outcome for your client. How Much Will a Lawyer Charge for appeals? A veteran disability lawyer can assist to clarify the appeals process. He or she can quickly determine what was lacking from your initial claim to be eligible for review. They will also assist you in deciding the best method to appeal the decision. Examining the reasons behind the denial, helping you in creating medical evidence to support your claim, and presenting this evidence in a proper manner are all necessary steps. If a judge orders a disabled veteran to pay alimony, alimony that was ordered by a court, 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 consequences for breaking a court's order. A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans previously denied disability benefits. Jim is a veteran of 58 years, suffered an stroke that rendered him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim would like to know the impact of his $100,000 settlement on his affect his eligibility to receive these benefits. Jim knows that he has to demonstrate that he is financially in need to continue receiving the monthly Pension payment, but he is wondering what can be done to reduce the impact on his other sources of income.