White Oak Veterans Disability Law Firm Disability Litigation

A lawyer can assist a veteran to file an initial claim for disability or to contest the validity of a VA decision. However, current law prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk alleges that the VA denied his claim for benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to fixing any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is an application for tax-free monthly benefits. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to parents, spouses and children of deceased Service members while on active duty or from their service-connected disabilities.

The most simple condition to establish is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear hissing, ringing, buzzing or other sounds in the ear of one or both and is only heard by you, in contrast to other people who have it.

Sciatica is one of the most common ailments. Sciatica can occur when a herniated disc bone spur can compress your sciatic nerve. This nerve runs from your lower spine, through your hips, buttocks, and down your legs. Lower legs and buttocks may be affected by pain and feeling of numbness.

Post Traumatic Stress (PTSD) is the third condition that is easy to be eligible for. It is possible to experience recurring nightmares, extreme anxiety or depression, or uncontrollable thought about an incident that occurred during your military service. You can obtain the PTSD rating you are entitled to by making a compelling claim and citing a stressful incident that took place during your time of service. A traumatic head injury is the fourth most straightforward condition to prove and is usually associated with a PTSD diagnosis.

How Do I File a claim for VA Disability?

To file a claim you'll need to follow some steps. First, you must provide medical evidence, such as the opinion of a doctor or lab report, as well as X-rays to establish that your condition falls within the VA's definition of disability. It's usually beneficial to have your lawyer collect the medical evidence and submit it in your initial application so that it can be easier to process by the VA.

Then, you have to pass an Compensation and Pension (C&P) test. This will be performed by an federal VA rater who will examine your symptoms and physical condition to determine whether or not you are eligible for disability benefits. You should have all the required documentation in order to increase your chances of receiving benefits.

You will receive a letter of determination after the C&P examiner reviews your medical evidence and completes the exam. This letter will contain an introduction, a determination of your disability, the amount of disability, a listing and a an explanation of the medical evidence that was considered, and any reasons for their decision.

Our firm can help you with the appeals process in case your claim was denied or you have received a rating that does not compensate you adequately for the issues you are experiencing. We can help you appeal an appeal against a denial by preparing a comprehensive appeal.

What can I do to challenge a VA Decision?

VA offers three options for those who are dissatisfied with the decision. First an Senior Reviewer will look over the same evidence and determine if the original decision can alter based on a divergence of opinion or an error. This is a good option for a claimant that does not have any new evidence to present and can be completed within the 125 days.

The second option is to make an Supplemental Claim. This is an appeal in which fairhope veterans disability lawyer can provide new evidence, but it has to be relevant and new. It may also contain non-medical evidence such a lay statements (sworn declarations from people who are aware of how your disability affects you). This appeal must be filed within one year after a decision.

Another alternative is to file a formal appeal with the Board of plymouth veterans disability lawsuit Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will draft an Statement of the Case or SOC that will outline what laws and regulations were utilized in determining the decision, a list of the evidence taken into consideration and will explain the reasons behind the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to refer the case to a federal appeal court. This is the most difficult path and is costly, but it could be the only way to get a fair result for your client.

What is the cost a lawyer will charge for an appeal?

A veteran disability lawyer can help to clarify the appeals procedure. He or she will quickly determine what is missing from your claim to make it eligible to be reviewed and help you decide on the best method to appeal a decision. The job includes examining the reasons for denial, helping you develop medical evidence to back your case and presenting the evidence in a professional manner.

If the court orders disabled veterans pay child maintenance or alimony and child maintenance, the veteran can't ignore this order and continue to receive VA compensation benefits. This is a well-known law, and there are penalties if you violate an order of a court.

A recent settlement of a class action lawsuit could be a major win for veterans with PTSD. Medical News Today reports the settlement will result thousands of veterans who were previously denied disability benefits from receiving lifetime benefits.

Jim is a 58 year veteran who had an injury to the brain that left him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim is interested in knowing whether the $100,000 settlement will impact his ability 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 wonders what could be done to reduce the effect on his other sources of income.