The 9 Things Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer may help veterans file a first disability claim or challenge an VA decision on the claim. However, current law prevents lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA denied his claims for benefits due to PTSD and an unfavorable discharge. The VA has an extensive appeals procedure to rectify any unfavorable determinations.

What is an VA Disability Claim?

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 care or housing assistance. Dependency and Indemnity Compensation provides cash payments to parents, spouses, and children of service members who have passed away on active duty or due to disability related to service.

Tinnitus is the #1 most frequently reported disorder. This is a symptom that manifests when you hear a ringing sound in your ears, the sound of hissing or buzzing sounds, or any other sounds that you cannot hear them.

Sciatica is one of the most frequent conditions. It occurs when an injury to the disk or bone spur compresses the sciatic nerve, which runs from your lower back to your buttocks and hips, and down each leg. The numbness and pain are felt in the buttocks and lower legs as well as the feet. It can be quite severe.

The most common condition you can be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares, extreme anxiety, depression, or uncontrollable thoughts of an incident that took place during your military service. You can get the PTSD rating you deserve by making a strong claim and citing a stressful event that happened during your service. A brain injury that is traumatic is the 4th most common condition to qualify for and usually accompanies a PTSD diagnosis.

How do I submit a claim for VA Disability?

There are a number of procedures to follow to make a claim. First, you must submit medical evidence such as the opinion of a doctor or lab report, as well as X-rays to establish that your condition falls within the 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). This is conducted by an official from the federal VA rater who will assess your physical and medical conditions to determine if you qualify for disability benefits. It's important to have the required documentation prior to taking the test to maximize your chances of obtaining the benefits you deserve.

You will receive a decision letter after the C&P examiner reviews your medical evidence and finishes the examination. It will contain an introduction, a statement of your disability classification and specific amount, a listing of the medical evidence they reviewed and a list of any reasons why they decided against the decision.

Our firm can assist with the appeals process in case your claim has been rejected or if you've received a rating that doesn't adequately compensate you for the issues you are experiencing. We can analyze the reasons for the reason your claim was denied and prepare a comprehensive and strategic appeal that will resolve the issue to your satisfaction.

What can I do to challenge a VA Decision?

VA provides three options to applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and determine if the original decision can be changed in light of a disagreement or an error made. This is an excellent alternative for a claimant who does not have new evidence to provide and can be completed in 120 days.

Second, you can file a Supplemental Claim. It is an appeal in which the veteran can provide additional evidence, but it must be new and relevant. It could also include non-medical evidence, like lay statements. These are sworn statements by those who know how your disability affects. This appeal must be filed within a year after a decision.

A third option is to make a formal appeal to the Board of Veterans Appeals. This is done by filing a VA Form 21-0958, a Notice Of Disagreement. Once the appeal is filed the regional office will prepare an Statement of the Case or SOC which will detail the laws and regulations used to reach the decision, a list of evidence considered, and it will also explain the reasons behind the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to refer the case to a federal appeals court. This is the most difficult path and can be expensive, but it could be the only option to obtain a fair result for your client.

What is the average amount a lawyer can charge for an appeal?

A veteran disability lawyer can help to clarify the appeals process. They'll 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 ruling. The task involves analyzing the reasons for the denial, helping you to develop medical evidence to support your claim and presenting the evidence in a way that is appropriate.

If an order from a court requires that a disabled veteran pay alimony or child maintenance the veteran is not able to ignore this order and Veterans Disability continue receive VA compensation benefits. This is a widely recognized law, and there are penalties when you do not comply with a court order.

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

Jim is a 58-year old veteran who suffered an injury to the brain that left him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim wants to know how his expected $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he's not sure how he could minimize the impact on his other income sources.