VA Disability Claims

VA Disability Claims

What kind of cases do you take?

 

Johnson & Lapham and our co-counsel partners have experience helping veterans and their family members seek entitlement to several types of disability cases including, but not limited to:

 

Total Disability Based Upon Individual Unemployability (TDIU)
PTSD, including due to MST
Psychiatric conditions other than PTSD
Traumatic Brain Injury (TBI)
Chemical Exposure
Herbicide Exposure

Vietnam

Boots on the Ground
Blue Water
Inland Waterways

Thailand
Korean DMZ

Camp Lejeune Water Contamination
Fort McClellan
Burnpit Exposure
Persian Gulf War Illness
VA Medical Malpractice (38 C.F.R. 1151)
Death Benefits
Cause of Death (COD)
Dependents Indemnity Compensation (DIC)
Accrued Benefits
Clear and Unmistakeable Error (CUE)
Multiple Sclerosis (MS)
Orthopedic conditions
Special Monthly Compensation (SMC)

 


I live out of state, can you still represent me?

 

Yes! In fact, a vast majority of our clients are from out of state.

 

Will hiring an attorney get my claim decided faster?

 

No. Be wary if someone tells you it will. VA does not process claims faster just because a veteran is represented by a service organization or an attorney.  However, your claim may be EXPEDITED under certain circumstances, like serious illness or extreme financial hardship. We assess each client’s case to see if their claim can be expedited. Furthermore, our goal is to use our legal knowledge, attention to detail, and investment in your case to help you get a GRANT sooner.

 

How do your fees and costs work?

 

We typically work on a contingency fee basis, meaning we only get paid if we win you a retroactive award of benefits. Your monthly compensation payments going forward are 100% yours.

 

Costs are also only collected if we win and you receive a retro payment. Costs may be incurred from obtaining expert reports or medical records on behalf of a client.  We work hard to minimize costs and will get your approval before incurring any in your case.

 

We take pride in being honest and straight forward with our fee and cost policy.  Before we start representing you, we will fully explain our fee agreement and answer any and all questions you have.

 

Do I need a hearing to win my case?

 

Not necessarily. In some cases a hearing can be helpful, but the Board has historically had a large back log of hearings on their docket. Waiting for a hearing can delay a case for years. Often, an affidavit or written statement for you or a family member or friend can be as effective and have your claim decided faster.  We evaluate each case to see if a hearing is the best course of action or not.

 

What is VA Appeals Modernization?

 

Effective February 2019, VA is implementing a new VA appeals process. In this new system, Veterans will have to choose between 3 different “lanes” for their claim to be reviewed:

 

1) Supplemental Claim Lane – Can submit new and relevant evidence
2) Higher Level Review – No new evidence, claim reviewed by a senior claims adjudicator
3) Board Lane – Appeal Directly to the Board. Once at the Board, Veterans will have the option to choose between 3 additional review options:

 

Direct Review: No new evidence and no hearing
Evidence Submission: Can submit new evidence, but no hearing
Hearing:  New evidence and a hearing

 

Visit VA’s Website to learn more

 

Call Johnson & Lapham LLC for a free, no obligation consultation at 513-536-6000.

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