Nine Things That Your Parent Taught You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help a veteran to submit an initial claim for disability, or contest a VA decision. Lawyers are currently not permitted to charge for initial claims.

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

What is a VA Disability Claim (VAD)?

A VA disability claim is an application for tax-free monthly benefits. Compensation is a cash benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) provides an amount of money to spouses, children and parents of service members who have died while on active duty or through service-related injuries.

Tinnitus is the #1 most frequently reported disorder. This is a sign that occurs when you hear ringing in your ears, a hissing sound, buzzing sounds, or other sounds however, you are unable to hear them.

Sciatica is one of the more common conditions. Sciatica can occur when a herniated disc or bone spur puts pressure on the sciatic nerve. This nerve is located in your lower spine to your buttocks, hips, and down your legs. The lower legs and buttocks may be affected by pain and numbness.

The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This is when you experience constant nightmares, extreme anxiety, depression or uncontrollable thoughts regarding a specific incident that occurred during your military service. A convincing defense of the claim by citing an event that caused stress during your service may help you get the PTSD rating you are entitled to. A traumatizing brain injury is the 4th most common condition to qualify for and typically comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you'll need to follow a few steps. You must first submit medical evidence, such as medical opinion from a physician, lab results and X-rays, to prove that your condition falls within VA's definition of disability. It is generally beneficial to have a lawyer collect the medical evidence and provide it as part of your initial application so that the VA can review it more easily.

You then need to go through an exam for Compensation and Pensions (C&P). A federal VA rater will take this test. They will look at your symptoms and physical condition in order to determine if you're eligible for disability benefits. It's crucial to have necessary documentation prior to undergoing this test to maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has assessed the medical evidence you submitted and has completed the exam, you will receive the decision letter. The letter will include an introduction, the decision of your disability, the amount of your disability, a list and a description of all medical evidence that was considered as well as any reasons for their decision.

If your claim is rejected or you are awarded an unjustified rating that doesn't provide you with all the ailments you suffer from, our firm will assist with the appeals process. We will determine the reason for the reason for the denial and prepare a comprehensive and strategic appeal to resolve the matter in your favor.

How can I challenge a VA decision?

VA has three paths to follow when a claimant is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence and determine whether the original decision can be changed in light of a disagreement or an error that was made. This is a possibility for those who don't have new evidence to present. The process can be completed in the 125 days.

The second option is to make an Supplemental Claim. This is an appeal in which the veteran can present new evidence, but it needs 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.

Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This is done by filing an VA Form 21-0958 and a Notice of Disagreement. The regional office will prepare an SOC (Statement of the case) after the appeal is filed. It will list of evidence considered, the laws and regulations utilized to reach the decision and the reasons behind why the decision was favourable, unfavorable or indeterminate.

If the BVA decision is upheld, the final option is to appeal the decision to a federal appeal court. This is the most challenging option and can be expensive but it could be the only option to obtain an equitable 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. They will quickly identify what is lacking from your claim to make it eligible to be reviewed and help you determine the best method to appeal a decision. The job entails analyzing the reasons behind denial, assisting you in preparing medical evidence to support your case and presenting your evidence in a proper way.

If a judge or a judge orders a disabled veteran pay alimony or child support, that veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a law that is well-known and there are penalties for ignoring an order of a court.

A recent settlement of a class action lawsuit could be a major win for veterans disability law firm with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans who had previously been denied disability benefits.

Jim is a veteran of 58 years, suffered an stroke that made him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim wants to know how the anticipated $100,000 settlement will impact his eligibility for these benefits. Jim is aware that he must to prove that he's in need of the monthly pension payment, but he's wondering what he can do to minimize the impact on his other income sources.