24 Hours To Improve Veterans Disability Claim

Veterans Disability Litigation

A lawyer can assist a veteran to submit an initial claim for disability, or challenge an VA decision. At present, lawyers aren't allowed to charge for the initial claims.

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

What is what is a VA Disability Claim (VAD)?

A VA disability claim is a request for tax-free monthly benefits. Compensation is a cash benefit to cover things like housing and medical treatment. Dependency and Indemnity Compensation provides a monetary payment to spouses, parents and children of service members who have died while on active duty or as a result of service-related injuries.

The most common condition to be diagnosed with is Tinnitus (ringing in the ear). This is a sign that is triggered when you hear a ringing sound in your ears, a hissing sound, buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is among the most frequently encountered conditions. It happens when a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back through your hips and buttocks and down each leg. Numbness and pain are felt in the buttocks, lower legs and feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be able to qualify for. This is when you experience frequent nightmares, extreme anxiety or depression or uncontrollable thoughts about a specific event that occurred during your military service. You can earn the PTSD rating you are entitled to by making a compelling claim and citing an event that took place during your time of service. A brain injury that is traumatic is the most simple condition to qualify for and typically comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

There are a number of steps that must be taken to start an application. You must first provide medical evidence, such as a doctor’s opinion and lab results, or X-rays, to prove that your condition meets VA’s definition of disability. It is a good idea to have a lawyer gather the medical evidence and include it in your initial application so that the VA can review it faster.

Then, you must undergo an exam for Compensation and Pensions (C&P). The exam will be conducted by a federal VA rater who will evaluate your symptoms and physical condition to determine whether or not you qualify for disability benefits. You must have all the documentation required to increase your chances of obtaining benefits.

Once the C&P examiner has looked over the medical evidence you submitted and has completed the examination you will be issued the decision letter. The letter will include an introduction, the decision of your disability and amount as well as a list and details of all medical evidence they considered, and any reasons for their decision.

Our firm is able to assist with the appeals process in case your claim has been denied or you've received a rating that doesn't adequately compensate you for the conditions you are experiencing. We can assist you in appealing the denial of your claim by preparing an extensive appeal.

How do I challenge a VA Decision?

VA provides three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence and decide if the original decision is in light of a disagreement or an error made. This is an option for applicants who don't have new evidence to support their claim. The process can be completed within the 125 days.

The second option is to file a Supplemental Claim. It is an appeal in which an individual with a disability can submit new evidence, but it has to be new and relevant. It may also contain non-medical evidence such a lay statements (sworn statements of people who understand how your disability affects you). This type of appeal should be submitted within one year following the decision.

Thirdly, you can file a formal complaint with the Board of veterans disability lawyer Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) after the appeal is filed. This will comprise a list of the evidence taken into account, the regulations and laws used to reach the decision and the reasons for why the decision was favorable, not favorable, or indeterminate.

If the BVA decision is affirmed, the final option is to appeal the case to a federal appeal court. This is the most costly and difficult route, but it might be the only option to get a fair result for your client.

How much will a lawyer Charge for Appeals?

A veteran disability lawyer can assist to clarify the appeals procedure. He or she can quickly determine 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 the decision. The job includes examining the reasons for denial, helping you develop medical evidence to prove your case and presenting the evidence in a professional manner.

If an order from a court requires that a disabled veteran pay alimony or child maintenance, the veteran cannot ignore the order and continue receive VA compensation benefits. It is a widely accepted law and there are consequences for violating an order of a court.

A recent settlement in a class action lawsuit could be a major victory for veterans disability attorneys with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of Veterans Disability Law Firms (010-5491-6288.Iwebplus.Co.Kr) who were previously denied disability benefits.

Jim is a 58-year veteran who suffered a stroke which left him permanently disabled. He receives a pension from the VA, but also SSI and Medicaid payments. Jim is curious to know whether his $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he has to show that he is in need of the monthly Pension payment, but he's wondering how he can reduce the impact on his other income sources.