Nine Things That Your Parent Taught You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help veterans disability file an initial disability claim or challenge a VA decision regarding the claim. However, current law prevents lawyers from charging for assistance in filing an initial claim.

Monk alleges that the VA denied his claim for benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correct any erroneous decisions.

What Is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses and children of service members who died on active duty or as a result of service-related injuries.

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

Sciatica is among the most common ailments. It occurs when an injured disk or bone spur compresses the sciatic nerve, which runs from your lower back, through your hips and buttocks and down each leg. The buttocks and lower legs can be affected by pain and the numbness.

The easiest condition to qualify for is Post Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares or extreme anxiety depression, or uncontrollable thought about an event that occurred during your military service. You can get the PTSD rating that you merit by making a solid claim and citing an event that happened during your service. A traumatizing brain injury is the fourth most straightforward condition to be considered for and is usually associated with the PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim you must follow the steps. You must first present medical evidence, including a doctor’s opinion, lab results and X-rays, to prove that your condition is in line with VA's definition of disability. It is often beneficial to have your lawyer gather and submit this medical evidence as part of your initial application to ensure that it is easier to process by the VA.

Then, you must undergo an exam for Compensation and Pensions (C&P). It will be administered by an official from the federal VA rater who will evaluate your physical and medical conditions to determine if you qualify for disability benefits. You should have all the documentation required in order to increase your chances of obtaining benefits.

You will receive a letter of determination when the C&P examiner reviews your medical evidence and completes the exam. This will contain an introduction, a declaration of your disability rating as well as a specific amount, a list of the medical evidence they considered and a brief description of any reasons they decided against the decision.

If your claim is denied or you receive an unjustified rating that doesn't provide you with all the issues you suffer from, our firm will assist you in appealing the decision. We can help you appeal a denial of your claim through the preparation of a comprehensive appeal.

How can I contest a VA decision?

VA has three paths to follow when a claimant is not happy with a decision. First an Senior Reviewer will review the same evidence and determine whether the original decision could alter based on a divergence of opinion or omission. This is an option for applicants who don't have new evidence to support their claim. The process can be completed in about 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 could also include non-medical evidence, like lay statements. These are sworn statements by people who understand how your disability affects you. This appeal must be filed within one year after the date of a decision.

Another alternative 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 a Statement of Case or SOC that will outline what laws and regulations were used to reach the decision, and a list of the evidence taken into consideration and will explain the reasons behind the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld, the final option is to take the case to a federal appeal court. This is the most difficult and expensive option, veterans disability but it could be the only way to get a fair outcome for your client.

How Much Will a Lawyer Charge for appeals?

A skilled veteran disability lawyer brings clarity to the appeals process. He or she can quickly determine what was missing from your initial claim to allow it for review. They will also help you determine the best method to appeal a decision. The job entails analyzing the reasons for refusal, helping you create medical evidence to support your claim and presenting the evidence in a correct manner.

If a court orders a disabled veteran to pay alimony, alimony that was ordered by a court, or child support, that veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for ignoring the court's order.

A recent settlement of a class action lawsuit could be a significant win for veterans with PTSD. Medical News Today reports the settlement will result thousands of veterans disability who had previously been denied disability benefits to receive lifetime benefits.

Jim the veteran, who is 58 years old had a stroke that caused him to be permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim wants to know how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he has to demonstrate that he is financially in need to continue receiving the monthly pension payment, but he wonders what could be done to reduce the impact on other sources of income.