kenner veterans disability attorney Disability Litigation

A lawyer can assist veterans file an initial claim for disability benefits or contest the validity of a VA decision. However, current law prevents lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA denied his claim to benefits because of 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?

A VA disability claim is a request for tax-free monthly benefits. Compensation is a cash benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation (DIC) provides financial assistance to parents, spouses and children of Service members who die while on active duty, or Vimeo from service-related disabilities.

Tinnitus is the most commonly reported condition. This is a symptom that occurs when you hear a ringing, hissing buzzing or other sounds from the ear of one or both and can only be heard by you, and not to others who also have it.

Sciatica is one of the more common conditions to be diagnosed with. Sciatica is a condition that occurs due to a herniated disc, or bone spur compresses the sciatic nerve. The sciatic nerve is located in your lower spine through your hips, buttocks, and down your legs. The numbness and pain are felt in the buttocks, lower legs and feet. It can be extremely.

The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This occurs when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts regarding a specific incident that took place during your military service. A convincing defense of the claim with the stressor Vimeo that occurred during your service may help you receive the PTSD rating you deserve. A traumatizing brain injury is among the most simple condition to qualify for and usually comes with the PTSD diagnosis.

How do I submit a claim for VA Disability?

To file a claim you need to follow certain steps. You must first submit medical evidence, such as medical opinion from a physician, lab results and X-rays, to show that your condition meets VA’s definition of disability. It's usually helpful to have your lawyer collect and submit this medical evidence in your initial filing to ensure that it is easier to process by the VA.

Then, you'll have to take another Compensation and Pension (C&P) examination. A federal VA rater will administer this test. They will assess your physical and emotional symptoms to determine whether you are eligible for disability benefits. You must have all the required documentation in order to increase your chances of receiving benefits.

After the C&P examiner has reviewed the medical evidence you submitted and has completed the examination, you will receive an official decision letter. It will include an introduction, a declaration of your disability rating as well as a the exact amount, a list of the medical evidence they considered and a brief description of any reasons they decided against you in deciding.

If your claim is rejected or you are awarded a rating that does not pay for all the conditions you are suffering from, our company can assist you in appealing the decision. We can help you appeal a denial of your claim by preparing a thorough appeal.

How can I challenge a VA Decision?

VA has three routes to follow when a claimant is not happy with a decision. First a Senior Reviewer can review the same evidence and determine if the original decision can alter based on a divergence of opinion or omission. This is a good option for a claimant that does not have new evidence to submit and it can be completed in one hundred and fifty days.

The other option is to make a Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it has to be new and relevant. It could also include non-medical evidence such a lay statements (sworn declarations from people who know how your disability affects you). This appeal must be filed within one year after a decision.

Another option is to file a formal appeal with the Board of Veterans Appeals. This is done by submitting a VA Form 21-0958, also known as a Notice Of Disagreement. The regional office will prepare an SOC (Statement of the case) when the appeal is filed. It will listing of the evidence that was taken into account, the regulations and laws used in making the decision, as well as the reasons for why the decision was favorable, not favorable, or indeterminate.

If the BVA decision is affirmed, the final option is to refer the case to a federal appeals court. This is the most difficult path and is costly, but it could be the only option to obtain an appropriate outcome for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can help to clarify the appeals procedure. They'll quickly determine what is missing from your claim, making it eligible for review and help you determine the best method to appeal a ruling. Analyzing the reasons for the decision, assisting you in preparing medical evidence to support your claim, and presenting the evidence in an appropriate way is all part of the job.

If an order from a court requires that a disabled veteran pay child maintenance or alimony and Vimeo child maintenance, the veteran can't ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for violating the order of a judge.

A recent settlement in a class action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of veterans who had previously been denied disability benefits.

Jim is a veteran of 58 years who suffered a stroke that made him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will affect his ability to receive these benefits. Jim understands that he must prove that he has the financial need to continue receiving the monthly Pension payment, but is wondering what can be done to reduce the impact on other sources of income.