St Clair Shores Veterans Disability Law Firm Disability Litigation

Lawyers can assist a veteran file an initial disability claim or contest the VA decision regarding the claim. Lawyers are currently not allowed to charge for initial claims.

Monk claims that the VA refused to grant him benefits based on PTSD and an unfavorable discharge. The VA has a long appeals process to correct any unfavorable decisions.

What Is a VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation is an unpaid benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) offers an amount of money to spouses, children and parents of service members who have died while on active duty, or from service-related disabilities.

The easiest disability to claim is Tinnitus (ringing in the ear). This symptom occurs when you hear a ringing, hissing buzzing or other sounds in either or both ears. It is only heard by you, in contrast to other people who have it.

Sciatica is one of the most frequent conditions. Sciatica is a condition that occurs when a herniated disc bone spur causes compression of the sciatic nerve. This nerve is located in your lower spine, through your buttocks and hips and down your legs. The pain and numbness are felt in the buttocks, lower legs and feet and can be severe.

The easiest condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). This is when you experience repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an incident that happened in your military service. A convincing argument in support of the claim with a stressor that occurred during your service can help you get the PTSD rating you merit. A traumatizing brain injury is among the easiest condition to be eligible for and usually comes with the PTSD diagnosis.

How Do I File a VA Disability Claim?

There are many steps that must be taken to start a claim. First, you must provide medical evidence, such as medical opinions and lab reports as well as Xrays to prove that your condition is in line with the VA's definition of disability. It's usually beneficial to have your lawyer gather and submit this evidence as part of the initial filing so that it can be easier to process by the VA.

You will then have to undergo a Compensation and Pensions (C&P). A federal VA rater will conduct the exam. They will examine your physical and mental health in order to determine whether you are eligible for disability benefits. It's crucial to have required documentation prior to taking the test to maximize your chances of obtaining the benefits you deserve.

You will receive a letter of determination after the C&P examiner reviews your medical evidence and passes the examination. This letter will include an introduction, the determination of your disability, the amount of disability, a listing and a the description of all medical evidence that was reviewed and the reasons for their decision.

Our firm can assist you in completing the appeals process if your claim was denied or you've received a rating that is not enough to compensate you for the conditions you are experiencing. We will determine the reason for the reason for the denial and craft a comprehensive and strategic appeal to end the matter in your favor.

What can I do to challenge a VA Decision?

VA offers three options to take when a claimant is not happy with the decision. First, a Senior Reviewer will examine the same evidence and determine whether the original decision is likely to be altered due to a difference of opinion or an error. This is a possibility for applicants who don't have new evidence to support their claim. The process can be completed in the 125 days.

The other alternative is to file a Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be relevant and new. It can also be accompanied by non-medical evidence like lay statements (sworn statements of people who know how your disability affects you). This type of appeal should be submitted within one year of a decision.

Thirdly you can make a formal complaint to the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) when the appeal has been filed. This will contain a listing of the evidence that was taken into consideration, the laws and regulations used to arrive at the decision and the reasons behind why the decision was favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most expensive and difficult route, but it might be the only way to obtain a fair decision for your client.

How much will a lawyer Charge for appeals?

A seasoned disability attorney can help you understand the appeals process. They will quickly determine what is missing from your claim, making it eligible to be reviewed and help you determine the best method to appeal a decision. The task involves analyzing the reasons behind denial, assisting you in preparing medical evidence to prove your case, and presenting the evidence in a professional manner.

If the court orders a disabled veteran pay alimony or child maintenance, the veteran cannot ignore this order and continue receive VA compensation benefits. This is a well-known law, and there are penalties in the event of a violation of an order of a court.

A recent settlement of a class action lawsuit could be a significant victory for willoughby veterans disability lawyer suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of veterans who were previously denied disability benefits.

Jim an 58-year-old veteran, suffered an stroke that caused him to be permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he has to prove that he is in need of the monthly Pension payment, but he's not sure how he can reduce the impact on his other income sources.