The 9 Things Your Parents Teach You About Veterans Disability Claim

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A lawyer can assist veterans file an initial disability claim or contest the VA decision regarding the claim. At present, lawyers aren't allowed to charge for the initial claims.

Monk claims that the VA denied benefits due to PTSD, and a discharge that was not favorable. The VA has a long appeals process to correct any unfavorable decisions.

What is an 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 offers the spouses, parents and children of Service members who have died while on active duty or because of service-related disabilities.

The most common condition to prove is Tinnitus (ringing in the ear). The symptom is when you hear hissing, ringing, buzzing, or other sounds coming from the ear of one or both and can only be heard by you, and not to others who also have it.

Sciatica is among the most frequently encountered conditions. Sciatica is a condition that occurs due to a herniated disc, or bone spur puts pressure on the sciatic nerve. The sciatic nerve runs from your lower spine through your buttocks, hips and down your legs. Lower legs and buttocks can be affected by pain and the numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to be considered for. This is when you experience frequent nightmares, extreme anxiety or depression or uncontrollable thoughts about an event that happened in your military service. A strong statement in support of the claim accompanied by an event that caused stress in the course of service can help to get the PTSD rating you merit. A head injury that is traumatizing is the fourth most straightforward condition to qualify for and is typically associated with a PTSD diagnosis.

How do I submit a claim for VA Disability?

There are a variety of steps that must be taken to submit an claim. The first step is to submit medical evidence such as medical opinions and lab reports as well as Xrays to prove that your condition is within the VA's definition of disability. It is often helpful to have a lawyer collect this evidence medically and submit it as part of your initial application, so that the VA can process it more easily.

Next, you must undergo a Compensation and Pension (C&P) test. This is conducted by a federal VA rater who will assess your physical and medical conditions to determine whether or not you are eligible for disability benefits. It's important to have the necessary documentation prior to undergoing this exam to maximize your chances of obtaining the benefits you deserve.

You will receive a letter of determination once the C&P examiner has reviewed your medical evidence and finishes the examination. This letter will include an introduction, the determining of your disability, the amount as well as a list and description of all medical evidence that was reviewed, and any reasons for their decision.

Our firm is able to assist in completing the appeals process if your claim was denied or you have received a rating that does not adequately compensate you for the issues you are experiencing. We can assist you in appealing the denial of your claim through the preparation of a comprehensive appeal.

How do I challenge a VA Decision?

VA has three paths to choose from when a person disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and decide if the original decision can be changed based on difference of opinion or an error that was made. This is a great option for a person who does not have any new evidence to submit and it can be completed in 120 days.

Second, you can file an Supplemental Claim. It is an appeal where veterans can add new evidence, but it has to be relevant and new. It could also include non-medical evidence, like lay statements. These are sworn statements from people who are aware of how your disability affects you. This type of appeal should be made within a year after a decision.

Thirdly you can submit a formal complaint to the Board of veterans disability Appeals. This is done by submitting an VA Form 21-0958 or a Notice Of Disagreement. The regional office will prepare an SOC (Statement of the Case) after the appeal is filed. This will include a list of the evidence considered, as well as the laws and regulations used to make the decision, and the reasons for why the decision was favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court in the event that the decision of the BVA is confirmed. This is the most expensive and difficult path, but it may be the only option to ensure a fair outcome for your client.

How much will a lawyer Charge for Appeals?

A skilled veteran disability lawyer provides clarity to the appeals process. He or she will quickly determine what was missing from your initial claim to make it eligible for review and will assist you in deciding the best method to appeal a decision. Examining the reasons behind the denial, helping you in developing medical evidence to support your claim, and then presenting this evidence in a proper manner are all necessary steps.

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

A recent settlement in a class action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports the settlement will allow thousands veterans who had previously been not eligible for disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who suffered an injury to the brain that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Veterans Disability Medicaid payments. Jim is interested in knowing the impact of his $100,000 settlement on his affect the ability to receive these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly Pension payment, but he is wondering what can be done to minimize the effect on his other sources of income.