south weber veterans disability lawyer Disability Litigation

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

Monk alleges that the VA denied his claims for benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process for correcting any unfavorable decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation provides an amount of money to parents, spouses and children of service members who died on active duty or due to disability related to service.

The most common condition to be diagnosed with is Tinnitus (ringing in the ear). It is a symptom that can be experienced when you hear a ringing in your ears, hissing, buzzing sounds, or other sounds, but only you can hear them.

Sciatica is another of the easier conditions to diagnose. It is caused by an injury to the disk or bone spur puts pressure on the sciatic nerve which runs from your lower back to your hips and buttocks and down each leg. The numbness and pain are felt in the buttocks, lower leg and feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be considered for. It is possible to experience recurring nightmares or extreme anxiety or depression, or uncontrollable thought of an incident that took place during your military service. A strong statement in support of the claim accompanied by an event that caused stress during your service can help you to get the PTSD rating you are entitled to. A traumatizing brain injury is among the easiest condition to be eligible for and usually comes with a PTSD diagnosis.

How do I apply for a VA Disability Claim?

To file a claim, you'll need to follow some steps. First, you need to submit medical evidence like a doctor's opinion and lab reports as well as Xrays to establish that your condition is in line with the VA's definition of disability. It's often helpful to have your lawyer collect and submit this medical evidence in your initial application to ensure that it is easier to process by the VA.

Then, you must undergo an exam for Compensation and Pensions (C&P). A federal VA rater will perform this test. They will look at your physical and psychological symptoms to determine whether you are eligible for disability benefits. You should have all the required documentation in order to maximize your chances of receiving benefits.

You will receive a decision letter 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 rating and the specific amount, a list of the medical evidence they reviewed and a statement of any reasons they decided against you when they made their decision.

If your claim is rejected or you receive an amount that does not pay for all the conditions you suffer from, our firm can help with the appeals process. We can assess why your claim was denied and then prepare a thorough and strategic appeal to end the matter in your favor.

How do I challenge a VA Decision?

VA has three avenues to consider when a claimant disagrees with a decision. First the Senior Reviewer will review the same evidence to determine whether the original decision could be changed due to a change of opinion or exclusion. This is a good option for a claimant that does not have any new evidence to submit and it can be completed within the 125 days.

The second option is to submit an Supplemental Claim. This is an appeal in which the veteran can present new evidence, but it has to be relevant and new. It may also contain non-medical evidence such a lay statements (sworn statements of people who understand how your disability affects you). This type of appeal must be filed within one year after a decision.

A third alternative is to file a formal appeal with the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will prepare a Statement of Case or SOC which will describe the laws and regulations used to reach the decision, as well as a list of evidence considered, and it will also explain the reasons for the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most costly and difficult path, but it may be the only way to get a fair result for your client.

How much will a lawyer Charge for Appeals?

A skilled veteran disability attorney can help you understand the appeals process. He or she will quickly identify what is lacking from your claim to make it eligible to be reviewed and assist you in deciding the best way to appeal a ruling. The task involves analyzing the reasons for denial, helping you develop medical evidence to back your case and presenting your evidence in a way that is appropriate.

If a judge requires a disabled veteran to 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. It is a widely accepted law and carries a penalty if you violate a court order.

A recent settlement in a class-action lawsuit could be a significant victory for veterans with PTSD. Medical News Today reports the settlement will allow thousands Palo alto veterans Disability attorney who previously were denied disability benefits, receiving lifetime benefits.

Jim is a 58-year veteran who suffered a stroke that rendered him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is curious to know whether the $100,000 settlement will affect his eligibility for these benefits. Jim knows that he has to prove that he has the financial need to continue receiving the monthly Pension payment, but is wondering what can be done to minimize the impact on his other sources of income.