Rice Lake Veterans Disability Attorney Disability Litigation
A lawyer can assist veterans start a claim for disability, or contest an VA decision. At present, lawyers aren’t permitted to charge for initial claims.
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 making amends to any decision that is not favorable.
What is a VA Disability Claim (VAD)?
A VA disability claim is a way to apply for tax-free monthly benefits. Compensation offers a cash reward to cover things like housing assistance and medical care. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to spouses, children and parents of Service members who died while on active duty or from their service-connected disabilities.
Tinnitus is the most commonly reported condition. It is a symptom that manifests when you hear a ringing in your ears, hissing, buzzing sounds, or other sounds, but only you can hear them.
Sciatica is one of the conditions that is easier to qualify for. It happens when a herniated disc or bone spur compresses the sciatic nerve, which runs from your lower back, through your hips and buttocks and down each leg. Numbness and pain are felt in the buttocks, lower legs, and feet and can be severe.
The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This occurs when you experience constant nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about an incident which occurred during your military service. You can get the PTSD rating that you deserve by making a convincing claim and citing an event that happened during your service. A traumatizing brain injury is the most simple condition to be considered for and is usually associated with a PTSD diagnosis.
How do I file a VA Disability Claim?
There are a number of steps to be followed to submit a claim. First, you need to submit medical evidence such as medical opinions or lab reports, X-rays and lab reports to prove that your condition is within the VA’s definition of disability. It’s usually beneficial to have your lawyer gather the medical evidence and submit it in the initial filing to ensure that it is easier to process by the VA.
You then need to go through an exam called Compensation and Pensions (C&P). The exam will be conducted by a federal VA rater who will examine your physical and psychological symptoms to determine whether or not you are eligible for disability benefits. It’s crucial to have necessary documentation prior to undergoing this test so that you maximize your chances of obtaining the benefits you deserve.
You will receive a letter of decision after the C&P examiner has reviewed the medical evidence you submitted and has completed the examination. This letter will contain an introduction, the determination of your disability and the amount as well as a list and details of all medical evidence they considered and the reasons for their decision.
If your claim is rejected or you receive a rating that does not compensate you for all of the conditions you are suffering from, our firm will assist you in appealing the decision. We can help you appeal a denial of your claim by preparing a comprehensive appeal.
What can I do to challenge a VA decision?
VA offers three options to consider when a claimant disagrees with the decision. First a Senior Reviewer can review the same evidence to determine whether the initial decision could alter based on a divergence of opinion or exclusion. This is a great alternative for a claimant who has no new evidence to present and can be completed in the 125 days.
You can also submit a Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it must be new and relevant. It could also include non-medical evidence, such as lay statements. These are statements that are sworn from people who are aware of how your disability affects. This type of appeal must be made within a year from the date of a decision.
Thirdly you can make a formal complaint to the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will draft a Statement of Case or SOC which will identify the laws and regulations that were used in reaching the decision, and a list of the evidence considered, and it will also explain the reasons for 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 appeals court. This is the most difficult option and can be expensive but it is the only option to obtain an equitable outcome for your client.
What is the cost a lawyer will charge for an appeal?
A veteran disability lawyer can help to clarify the appeals process. He or she will quickly identify what was missing from your initial claim to make it eligible to be reviewed and help you decide the best method to appeal the decision. Analyzing the reasons for the denial, assisting you in developing medical evidence to support your claim, and presenting your evidence in a way that is appropriate are all part of the job.
If a judge or a judge orders a disabled veteran pay alimony, alimony that was ordered by a court, or child support, that veteran isn’t allowed to ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and there are consequences for violating the court order.
A recent settlement in a class action lawsuit could be a major victory for douglas veterans disability lawyer with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans previously denied disability benefits.
Jim is a 58 year old veteran who suffered 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 how his expected $100,000 settlement will affect his ability to receive these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly pension payment, but is wondering what can be done to reduce the impact on his other sources of income.
