The 9 Things Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

Lawyers can assist veterans file an initial disability claim or challenge a VA decision regarding the claim. But, the law in place today prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has a long appeals process to correct any unfavorable determinations.

What is an VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an income-based benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation provides the parents, spouses, and children of service members who have died while on active duty or due to disability related to service.

Tinnitus is the #1 most common disability. This is a sign that occurs when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or other sounds that are only able to hear them.

Sciatica is one of the more common conditions to be diagnosed with. It occurs when a herniated disk or bone spur compresses the sciatic nerve, which runs from your lower back through your buttocks, hips and down each leg. The numbness and pain can be felt in the buttocks and lower legs as well as the feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third most straightforward condition to qualify. This occurs when you experience constant nightmares, extreme anxiety, depression, or thoughts that are uncontrollable regarding a specific incident that took place during your military service. A strong statement in support of the claim using an event that caused stress during service can help you achieve the PTSD rating you are entitled to. A traumatizing brain injury is the most simple condition to be considered for and typically comes with a PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you must follow the steps. First, you need to submit medical evidence such as a doctor's opinion or lab reports, X-rays and lab reports to prove that your condition is in line with the VA's definition of disability. It is a good idea to get a lawyer to gather this evidence medically and include it in your initial application so that the VA will be able to process it faster.

Then, you'll have to take an Compensation and Pension (C&P) exam. A federal VA rater will take the exam. They will look at your physical and psychological symptoms in order to determine if you qualify for disability benefits. You should have all the necessary documentation in order to increase your chances of receiving benefits.

After the C&P examiner has reviewed your medical evidence and completed the examination you will receive the decision letter. The letter will include an introduction, a determination of your disability, the amount, a list and an explanation of the medical evidence considered, and any reasons for their decision.

If your claim is denied or you are awarded a rating that doesn't provide you with all the ailments you suffer from, our firm can assist with the appeals process. We can help you appeal an appeal against a denial by preparing a thorough appeal.

How can I contest a VA decision?

VA offers three options to follow when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and determine whether the original decision is because of a difference of opinion or an error that was made. This is an option for applicants who don't have new evidence to support their claim. It can be completed in the 125 days.

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

Another option is to submit a formal appeal to the Board of Veterans Appeals. This is done by filing a VA Form 21-0958 and a Notice Of Disagreement. Once the appeal has been filed the regional office will draft a Statement of Case or disability SOC which will identify what laws and regulations were used in reaching the decision, and a list of evidence that was considered, and it will also explain the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court in the event that the decision of the BVA is upheld. This is the most costly and difficult path, but it may be the only option to get a fair 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 swiftly determine what is missing from your claim to make it eligible to be reviewed and help you decide on the best method to appeal a decision. Reviewing the reasons for denial, helping you in making medical evidence to back your claim, and presenting your evidence in a way that is appropriate are all necessary steps.

If a court decides that a disabled veteran must pay alimony or child support, the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a well-recognized law and there are consequences for breaking a court's order.

A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans who had previously been denied disability benefits.

Jim is a 58-year old veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing the impact of his $100,000 settlement on his affect his eligibility to receive these benefits. Jim knows he has to prove that he's in need of the monthly Pension payment, but he wonders how he can minimize the impact on other income sources.