Veterans Disability Litigation A lawyer may help a veteran file an initial disability claim or contest the VA decision on the claim. Currently, lawyers are not allowed to charge for initial claims. Monk alleges that the VA denied his claims for benefits due to PTSD and an unfavorable discharge. The VA has an extensive appeals process for fixing any erroneous decisions. What is a VA Disability Claim (VAD)? A VA disability claim is a form of application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) offers the parents, spouses, and children of Service members who die during active duty or from service-related disabilities. Tinnitus is by far the most frequent ailment. This is a sign that is triggered when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or any other sounds that are only able to hear them. Sciatica is one of the more common conditions. It can occur when an injured disk or bone spur compresses the sciatic nerve, which runs from your lower back through your buttocks, hips and down each leg. The numbness and pain are felt in the buttocks and lower legs as well as the feet. It can be quite severe. The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety, depression, or uncontrollable thought of an incident that took place during your military service. A convincing proof of the claim by citing the source of the stressor during service can help you to get the PTSD rating you are entitled to. A traumatizing brain injury is the fourth most straightforward condition to qualify for and usually comes with a PTSD diagnosis. How do I file a claim for VA Disability? To file a claim you must follow the steps. You must first present medical evidence, including a doctor’s opinion and lab results, or 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 evidence as part of your initial application so that it can be easier to process by the VA. The next step is to take the Compensation and Pension (C&P) test. This will be performed by an federal VA rater who will assess your physical and medical conditions to decide whether or not you are eligible for disability benefits. It is crucial to have the proper documentation before undergoing this exam to maximize your chances of obtaining the benefits you deserve. You will receive a letter of determination once the C&P examiner has reviewed the medical evidence you submitted and has completed the exam. This will contain an introduction, a statement of your disability status and specific amount, a list of the medical evidence they reviewed and a description of the reasons why they did not choose you in deciding. If your claim is denied or you are awarded an amount that does not pay for all the issues you are suffering from, our company can assist with the appeals process. We can help you appeal the denial of your claim through the preparation of a comprehensive appeal. How can I contest a VA decision? VA has three avenues to follow when a claimant is not happy with the decision. First the Senior Reviewer will examine the same evidence and determine if the original decision can alter based on a divergence of opinion or an absence. This is an excellent option for a person who does not have any new evidence to present and it can be completed within 120 days. The other option is to submit a Supplemental Claim. This is an appeal process where a veteran can add new evidence but it has to 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. This type of appeal must be filed within one year after the date of a decision. Another alternative is to file a formal appeal with the Board of Veterans Appeals. This is done by submitting an VA Form 21-0958, also known as 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 of evidence taken into account, the laws and regulations utilized to reach the decision and the reasons why the decision was favorable, unfavorable or indeterminate. The last option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most challenging option and can be expensive but it is the only method to get an equitable outcome for your client. How much will a lawyer charge for an appeal? A skilled veteran disability attorney brings clarity to the appeals process. They will quickly identify what is lacking from your claim to make it eligible to be reviewed and help you determine the best way to appeal a ruling. The job involves analyzing the reasons behind denial, helping you develop medical evidence to back your case, and presenting the evidence in a professional manner. If a court orders that a disabled veteran pay child maintenance or alimony and child maintenance, the veteran can't ignore this order and continue receive VA compensation benefits. This is a law that is well-known and there are consequences for breaking the court's order. A recent settlement of a class action lawsuit may be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands veterans who were previously not eligible for disability benefits to receive lifetime benefits. Jim is a veteran of 58 years had a stroke that left 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 ability to claim these benefits. Jim realizes that he has to prove that he's in need of the monthly pension payment, but he's not sure how he can minimize the impact on other income sources.