Nine Things That Your Parent Taught You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer may help veterans file an initial disability claim or challenge an VA decision on the claim. But, the law in place today prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk claims that the VA denied his claims for benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process to making amends to any decision that is not favorable.

What Is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit to pay for things such as housing and medical expenses. Dependency and Indemnity Compensation offers cash payments to parents, spouses and children of service members who have died while on active duty or due to disability related to service.

The easiest disability to establish is Tinnitus (ringing in the ear). This symptom occurs when you notice a hissing, ringing buzzing, or other sounds coming from the ear of one or both and can only be heard by you, and not to those who have it.

Sciatica is among the most frequent conditions. Sciatica can occur when a herniated disc bone spur compresses the sciatic nerve. This nerve is located in the lower part of your spine through your buttocks, hips, and down your legs. Lower legs and buttocks may be affected by pain and numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be eligible for. It is possible to experience recurring nightmares, extreme anxiety or depression, or uncontrollable thoughts of an incident that took place during your military service. A convincing defense of the claim by citing a stressor that occurred in the course of service can help achieve the PTSD rating you deserve. A brain injury that is traumatic is the 4th most common condition to qualify for and usually comes with an PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are a variety of steps to be followed to make an claim. You must first submit medical evidence, including medical opinion from a physician and lab results, or X-rays to prove that your condition is within VA's definition of disability. It is often beneficial to have your lawyer gather the medical evidence in your initial application to ensure that it is more easily processed by the VA.

The next step is to take another Compensation and Pension (C&P) test. A federal VA rater will perform this exam. They will look at your physical and mental health in order to determine if you're eligible for disability benefits. It is crucial to have the appropriate documentation prior to taking this test so that you maximize your chances of receiving the benefits you deserve.

After the C&P examiner has reviewed the medical evidence you submitted and has completed the examination, you will receive a decision letter. It will include an introduction, a declaration of your disability rating and specific amount, a listing of the medical evidence they considered and a statement of any reasons why they did not choose you when they made their decision.

If your claim is rejected or you receive an amount that does not cover all of the ailments you are suffering from, our firm can assist in the appeals process. 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 offers three options to follow when a claimant disagrees with the decision. First an Senior Reviewer will examine the same evidence and determine whether the original decision could be altered due to a difference of opinion or an omission. This is an excellent alternative for a claimant who has no new evidence to present and it can be completed in 120 days.

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

Thirdly, you can submit a formal complaint to the Board of veterans disability law firms Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will draft a Statement of Case or SOC which will identify the laws and regulations that were used to make the decision, along with a list of evidence examined and a description of why the decision was made as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most difficult option and is costly, but it could be the only option to obtain an appropriate outcome 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. He or she will quickly identify what was missing from your initial claim to make it eligible for review. He or she will assist you in deciding the best method to appeal an appeal. The task involves analyzing the reasons for denial, assisting you in preparing medical evidence to back your case, and presenting the evidence in a way that is appropriate.

If a judge decides that a disabled veteran must pay alimony ordered by the court or child support, the veteran cannot ignore the order and continue to collect VA compensation benefits. This is a widely recognized law, and there are penalties for violating the court order.

A recent settlement of a class action lawsuit could be a significant win for veterans disability attorneys with PTSD. Medical News Today reports the settlement will allow thousands veterans who were previously not eligible for disability benefits to receive lifetime benefits.

Jim, a 58-year-old veteran was struck by a stroke and made him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim is curious to know whether the $100,000 settlement will impact his ability 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 reduce the impact on other income sources.