Nine Things That Your Parent Taught You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can assist veterans make an initial claim for disability or to contest a VA decision. However, current law prevents lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied him benefits based on PTSD and a discharge that was not favorable. The VA has a lengthy appeals process for fixing any erroneous decisions.

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 (DIC) provides the parents, spouses, and children of Service members who die while on active duty or through service-related injuries.

The most common condition to prove is Tinnitus (ringing in the ear). This is a symptom that manifests when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or any other sounds that you cannot hear them.

Sciatica is one of the more common conditions. It happens when an injured disk or bone spur causes compression of the sciatic nerve which runs from your lower back, through your hips and buttocks and down each leg. The lower legs and buttocks can be affected by pain and numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can qualify. You may have frequent nightmares or extreme anxiety or depression, or uncontrollable thought of an incident that took place during your military service. A convincing defense of the claim accompanied by the stressor that occurred during service can help you to get the PTSD rating you are entitled to. Traumatic head injuries are the fourth condition that is easy to qualify for and is typically associated with the PTSD diagnosis.

How do I make a claim for a VA Disability?

There are many procedures to follow to file a claim. First, you must submit medical evidence, including medical opinion from a physician and lab results as well as X-rays, to prove that your condition is in line with VA's definition of disability. It is generally beneficial to have a lawyer collect the medical evidence and submit it with your initial application, so that the VA can review it more easily.

Then, you must undergo an exam for Compensation and Pensions (C&P). A federal VA rater will administer the exam. They will assess your physical and mental health in order to determine if you're eligible for disability benefits. It is crucial to have the required documentation prior to taking the test so that you maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has examined your medical evidence and completed the examination you will be issued the decision letter. The letter will contain an introduction, the determination of your impairment and the amount of your disability, a list and a details of all medical evidence that was considered, and any reasons for their decision.

Our firm can assist in completing the appeals process if your claim has been denied or if you have received a rating that doesn't adequately compensate you for the ailments you're experiencing. We can assist you in appealing a denial of your claim through the preparation of a comprehensive appeal.

How can I challenge a VA decision?

VA has three routes to take when a claimant is not happy with a decision. First an Senior Reviewer will review the same evidence and determine whether the original decision is likely to be altered due to a difference of opinion or error. This is a possibility for those who do not have new evidence to present. It can be completed in the 125 days.

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

A third option is to make a formal appeal to the Board of veterans disability law firm Appeals. This is done by filing an VA Form 21-0958, a Notice Of Disagreement. Once the appeal is filed, the regional office will draft a Statement of the Case or SOC which will describe the laws and regulations used to reach the decision, and a list of the evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld in the end, the only alternative is to take the case to a federal appeal court. This is the most difficult option and can be expensive, but it is the only option to obtain the best possible outcome for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals process. He or she will swiftly determine what is missing from your claim to make it eligible for review and assist you in deciding the best method to appeal a decision. The job involves analyzing the reasons behind the denial, helping you to develop medical evidence to support your case and presenting the evidence in a proper way.

If a court orders that a disabled veteran pay alimony or child maintenance the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law, and there are penalties in the event of a violation of a court order.

A recent settlement of a class action lawsuit may be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will enable thousands of veterans disability lawsuits who were previously not eligible for disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who had a stroke that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how the anticipated $100,000 settlement will affect his ability to receive these benefits. Jim knows that he has to show that he has financial need to continue receiving the monthly pension payment, but he wonders what could be done to reduce the impact on his other sources of income.