The 9 Things Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

Lawyers can assist veterans file an initial disability claim or contest a VA decision on the claim. However, current law prevents lawyers from charging fees for assistance with the initial claim.

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

What is a VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is an unpaid benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation offers a monetary payment to spouses, parents and children of service members who have died while on active duty or because of disability related to service.

The most common condition to claim is Tinnitus (ringing in the ear). This symptom occurs when you hear ringing, hissing, buzzing or other sounds in one or both ears. The sound can only be heard by you, and not to those who have it.

Sciatica is one of the most frequently encountered conditions. Sciatica can occur when a herniated disk or bone spur puts pressure on the sciatic nerve. The sciatic nerve is located in the lower part of your spine through your buttocks and hips and down your legs. The buttocks and lower legs can be affected by discomfort and feeling of numbness.

The most common condition you can be diagnosed with is Post Traumatic Stress Disorder (PTSD). This is when you experience repeated nightmares, extreme anxiety or depression or uncontrollable thoughts about an event which occurred during your military service. You can get the PTSD rating that you deserve by making a strong claim and citing an event that occurred during your military service. A traumatizing brain injury is among the most simple condition to be eligible for and usually comes with the PTSD diagnosis.

How do I file a claim for VA Disability?

There are many steps to follow to file an application. First, you must submit medical evidence like the opinion of a doctor or lab reports, X-rays and lab reports to establish that your condition is within the VA's definition of disability. It's often helpful to have your lawyer gather the medical evidence and submit it as part of the initial filing to ensure that it is more easily processed by the VA.

You must then undergo an exam for Compensation and Pensions (C&P). This will be performed by a federal VA rater who will review your physical and psychological symptoms to decide whether or not you qualify for disability benefits. You must have all the required documentation to increase your chances of obtaining benefits.

After the C&P examiner has reviewed the medical evidence you submitted and has completed the exam and analyzed your medical evidence, you will receive the decision letter. The letter will include an introduction, the determining of your disability and amount of disability, a listing and a details of all medical evidence they considered and the reasons behind their decision.

If your claim is rejected or you are awarded a rating that does not compensate you for all of the issues you suffer from, our company can help with the appeals process. We will determine the reason for the reason your claim was denied and prepare a comprehensive and strategic appeal to resolve the matter in your favor.

How can I contest a VA decision?

VA has three avenues to follow when a claimant disagrees with a decision. First, a Senior Reviewer will review the same evidence and determine whether the initial decision could alter based on a divergence of opinion or omission. This is a great option for a claimant that does not have any new evidence to show and it can be completed in 120 days.

The second alternative is to submit an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it has to be new and relevant. It could also include non-medical evidence, such as lay statements (sworn statements from those who understand how your condition affects you). This type of appeal must be filed within one year following the decision.

Another alternative is to file a formal appeal with the Board of Veterans Appeals. This is done by submitting a VA Form 21-0958, veterans also known as a Notice of Disagreement. The regional office will draft an SOC (Statement of the case) after the appeal has been filed. This will contain a listing of the evidence that was taken into account, the laws and regulations used to reach the decision and the reasons behind 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 expensive and difficult option, but it could be the only way 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 determine what was lacking from your initial claim to allow it for review. They will also assist you in choosing the most effective method to appeal an appeal. Reviewing the reasons for decision, assisting you in developing medical evidence to support your claim, and presenting this evidence in an appropriate way are all part of the job.

If a court orders that disabled veterans pay child maintenance or alimony and child maintenance, the veteran cannot evade the order and continue receive VA compensation benefits. This is a well-known law, and there are penalties if you violate the court order.

A recent settlement of a class action lawsuit could be a major victory for veterans disability attorney suffering from PTSD. Medical News Today reports the settlement will allow thousands of veterans who had previously been denied disability benefits, receiving lifetime benefits.

Jim is a veteran of 58 years was struck by a stroke and left him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim would like to know how his expected $100,000 settlement will impact his eligibility for these benefits. Jim knows that he needs to show that he is in need of the monthly Pension payment, but he wonders how he can minimize the impact on other income sources.