Veterans Disability Benefits including Post Traumatic Stress Disorder(PTSD)

Carol Rosenbloom Associates, LLC | Pittsburgh, Pennsylvania

Veterans Disability Benefits Attorney

The Department of Veteran's Affairs has changed the process for a veteran to claim a service connection for Post-Traumatic Stress Disorder (PTSD). The Department of Veteran's Affairs reduces the evidence needed if the trauma claimed by the Veteran is related to fear of hostile military or terrorist activity and is consistent with places, types and circumstances of the Veteran's service. This science-based regulation relies on evidence that concluded a Veteran's deployment to a war zone is linked to an increased risk of PTSD. Under the new rule, the Department of Veteran's Affairs would not require corroboration of a stressor related to fear of hostile military or terrorist activity if a VA doctor confirms that a stressful experience recalled by a Veteran adequately supports a diagnosis of PTSD and the Veteran's symptoms are related to the claimed stressor. Previously, claims adjudicators were required to corroborate that a non-combat Veteran actually experienced a stressor related to hostile military activity. This final rule simplifies the development that is required for these cases.

If you claim included a PTSD injury that was denied at any time, please contact our firm for a consultation.

In November 2006, Congress made major changes in the law affecting the appearance of attorneys for Claimants at the Regional office and the Board of Veteran's Appeals. From 1863 to 2006, 38 U.S.C § 5904 and its predecessors going back to the Pension Act of 1863 limited the fee that an attorney could charge for representing a claimant to $10.00. The new law permits attorneys to appear before the Regional Office and the Board and receive a fee for services. Attorneys must submit their retainer and fee agreement to the VA when appearing for a client in the Regional Office for the first time. An attorney's fee that does not exceed 20% of the arrearages due to the claimant is presumed reasonable, whether it be a straight contingent fee or a combined hourly rate agreement with a "cap" of 20% arrearages.

Another portion of the enabling statute provides no attorney may charge a fee for services provided prior to the time that claimant files a Notice of Disagreement. This provision virtually ensures that the initial preparation of the claim and development of evidence to support a claim will remain in the hands of the National Veterans Service officers working for organizations such as the American Legion, Veteran of Foreign Wars, etc., certified by the Secretary as approved veteran's organizations.

If your veteran's benefits claim has been denied and you have received a ratings decision, contact a Pennsylvania veteran's benefits lawyer at Carol Rosenbloom Associates, LLC, today to schedule a free initial consultation.

By statute, the claimant must perfect the appeal initiated by the notice of disagreement within 60 days after the date of the Statement of the Case or within one year of from the date of the adverse ratings decision, whichever is longer.

At Carol Rosenbloom Associates, LLC, we have a thorough understanding of the laws governing veteran's benefits law.

We welcome the chance to work for justice and a vindication of your rights, to learn more about veteran's benefits, contact our veterans disability benefits attorneys today to schedule a free initial consultation.

We offer free initial consultations. The majority of our services are provided on a contingent fee basis. This means you will pay no attorneys' fees unless we are able to achieve an award or settlement on your behalf.

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Carol Rosenbloom Associates, LLC
Toll Free: 1-800-511-2411

carol@callmylawyer.net