Nine Things That Your Parent Taught You About Veterans Disability Claim

Veterans Disability Litigation

Lawyers can assist veterans file a first disability claim or challenge an VA decision regarding the claim. Currently, lawyers are not permitted to charge for initial claims.

Monk claims that the VA denied his claim for benefits in the context of PTSD and an unfavorable discharge. The VA has a long appeals procedure to rectify any erroneous determinations.

What Is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers an amount of money to parents, spouses, and children of deceased Service members while on active duty, or due to their service-related disabilities.

Tinnitus is the #1 most commonly reported condition. It is a symptom that occurs when you hear 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 can occur when a herniated disc or bone spur can compress the sciatic nerve which runs from your lower back through your hips and buttocks and down each leg. The numbness and pain are felt in the buttocks, lower legs, and feet, and can be very severe.

The 3rd most simple condition to be eligible for is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares or extreme anxiety or depression, or an uncontrollable thoughts about an incident that occurred during your military service. A convincing argument in support of the claim accompanied by the source of the stressor during your service can help you achieve the PTSD rating you deserve. A head injury that is traumatizing is the fourth most straightforward condition to prove and usually comes with a PTSD diagnosis.

How Do I File a VA Disability Claim?

To file a claim, you must follow some steps. First, you need to submit medical evidence like the opinion of a doctor or lab report, as well as X-rays to establish that your condition is in line with the VA's definition of disability. It is often beneficial to have your lawyer gather and submit this medical evidence in your initial application to ensure that it is more easily processed by the VA.

Then, you have to pass another Compensation and Pension (C&P) examination. It will be administered by a federal VA rater who will assess your physical and medical conditions to decide whether or not you are eligible for disability benefits. You must have all the necessary documentation in order to maximize your chances of obtaining benefits.

You will receive a letter of decision once the C&P examiner reviews your medical evidence and finishes the exam. It will include an introduction, a determination of your disability rating and specific amount, a list of the medical evidence they reviewed and a brief description of any reasons why they decided against you in deciding.

If your claim is rejected or you are awarded a rating that doesn't cover all of the symptoms that you are suffering from, our company can assist you in appealing the decision. We can assist you in appealing an appeal against a denial by preparing a comprehensive appeal.

What can I do to challenge a VA Decision?

VA has three paths to follow when a claimant disagrees with the 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 made. This is a possibility for applicants who don't have new evidence to support their claim. It can be completed within about 125 days.

The second alternative is to file a Supplemental Claim. It is an appeal where a veteran may add new evidence, but it must be relevant and new. It can also include nonmedical evidence, like lay statements. These are sworn statements by people who understand how your disability affects. This appeal must be filed within one year following the decision.

Thirdly you can make a formal complaint to the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958 and a Notice Of Disagreement. The regional office will prepare an SOC (Statement of the Case) when the appeal is filed. It will list of the evidence taken into consideration, the laws and regulations used to make the decision, and the reasons why the decision was favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision of the BVA is upheld. This is the most costly and time-consuming route, but it might be the only option to get a fair result for your client.

What is the cost a lawyer will charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals process. They can quickly identify what was missing from your initial claim to allow it for review. They will also assist you in choosing the most effective method to appeal a decision. The job entails analyzing the reasons behind refusal, helping you create medical evidence to back your case and presenting your evidence in a way that is appropriate.

If the court orders that disabled veterans pay alimony or child maintenance the veteran is not able to ignore the order and continue to receive VA compensation benefits. It is a widely accepted law and there are consequences when you do not comply with the order of a judge.

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

Jim the veteran, who is 58 years old was struck by a stroke and made him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim would like to know what the expected $100,000 settlement will impact his eligibility for these benefits. Jim knows that he has to demonstrate that he is financially in need to continue receiving the monthly pension payment, but he is wondering what can be done to reduce the impact on his other sources of income.