The 9 Things Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help veterans disability law firms file an initial disability claim or challenge the VA decision on the claim. However, the law currently prohibits lawyers from charging for assistance with the initial claim.

Monk alleges that the VA refused to grant him benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correct any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit to cover expenses such as medical care and housing assistance. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to spouses, children and veterans disability parents of service members who have died while on active duty or from their service-connected disabilities.

The easiest disability to claim is Tinnitus (ringing in the ear). This condition occurs when you hear a ringing, hissing buzzing or other sounds in one or both ears. The sound is only heard by you, as opposed to those who have it.

Sciatica is another one of the most common conditions to qualify for. It is caused by an injury to the disk or bone spur causes compression of the sciatic nerve which runs from your lower back to your hips and buttocks and down each leg. The lower legs and buttocks are susceptible to being affected by discomfort and numbness.

The easiest condition to be eligible for is Post Traumatic Stress Disorder (PTSD). You may experience recurring nightmares or extreme anxiety or depression, or a recurring thought of an incident that took place during your military service. You can achieve the PTSD rating that you deserve by making a convincing claim and citing a stressful event that took place during your time of service. A traumatizing brain injury is the most simple condition to be eligible for and usually comes with the PTSD diagnosis.

How do I submit a claim for VA Disability?

In order to file a claim, you'll need to follow some steps. You must first provide medical evidence, such as medical opinion from a physician and lab results as well as X-rays to prove that your condition is within VA's definition of disability. It is generally beneficial to have a lawyer gather this evidence medically and include it in your initial application, so that the VA can review it more easily.

You must then undergo an examination for Compensation and Pensions (C&P). It will be administered by an official from the federal VA rater who will assess your physical and medical conditions to decide whether or not you are eligible for disability benefits. It is essential to have the appropriate documentation prior to taking this exam so that you can maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has examined the medical evidence you submitted and has completed the examination you will be issued a decision letter. The letter will include an introduction, a determination of your disability, the amount of disability, a listing and a the description of all medical evidence considered, and any reasons for their decision.

Our firm can assist you with the appeals procedure if your claim was denied or you have received a rating that does not compensate you adequately for the issues you are experiencing. We can determine the reasons behind why your claim was denied and craft a comprehensive and strategic appeal to resolve the issue to your satisfaction.

What can I do to challenge a VA decision?

VA offers three options to applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence again and determine whether the original decision can be changed because of a difference of opinion or an error that was made. This is a viable option for a claimant that does not have new evidence to provide and it can be completed within 125 days.

The second alternative is to file an Supplemental Claim. This is an appeal where the veteran can present new evidence but it has to be new and relevant. It could also include non-medical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects you. This type of appeal must be filed within one year after a decision.

A third option is to file a formal appeal with the Board of Veterans Appeals. This is done by filing the VA Form 21-0958, a Notice of Disagreement. Once the appeal is filed, the regional office will prepare a Statement of Case or SOC that will outline the laws and regulations used to make the decision, along with a list of evidence that was considered, and it will also explain the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision of the BVA is upheld. This is the most difficult route and can be expensive, but it could be the only way to ensure a fair result for your client.

What is the cost a lawyer will Charge for Appeals?

A skilled veteran disability attorney provides clarity to the appeals process. He or she will quickly identify what is lacking from your claim, making it eligible for review and help you determine the best way to appeal a ruling. Analyzing the reasons for the denial, helping you in making medical evidence to back your claim, and presenting this evidence in a proper manner is all necessary steps.

If a court requires a disabled veteran to pay alimony, alimony that was ordered by a court, or child support, the veteran isn't allowed to ignore the order and continue to collect VA compensation benefits. It is a widely accepted law and veterans disability carries a penalty for violating the court order.

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

Jim is a 58 year veteran who suffered a stroke that left him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim would like to know if his $100,000 settlement will affect his eligibility for these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly pension payment, but he wonders what could be done to minimize the effect on his other sources of income.