The 9 Things Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

Lawyers can assist veterans file a first disability claim or contest the VA decision on the claim. In the present, lawyers aren't allowed to charge for initial claims.

Monk claims that the VA denied benefits due to PTSD and a discharge that was not favorable. The VA has a lengthy appeals procedure for fixing any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to cover expenses such as housing and medical expenses. Dependency and Indemnity Compensation (DIC) provides an amount of money to parents, spouses and children of service members who have died while on active duty, or from their service-connected disabilities.

Tinnitus is the #1 most frequently reported disorder. The symptom is when you hear ringing, hissing, buzzing, or other sounds coming from either or both ears. It can only be heard by you, in contrast to those who have it.

Sciatica is one of the most frequent conditions. Sciatica can occur due to a herniated disc, or bone spur puts pressure on your sciatic nerve. The sciatic nerve runs from your lower spine through your buttocks and hips and down your legs. The numbness and pain are felt in the buttocks, lower legs and feet and can be severe.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be considered for. This is when you experience recurring nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that occurred during your military service. You can earn the PTSD rating that you deserve by making a convincing claim and citing a stressful event that happened during your service. A traumatizing brain injury is among the easiest condition to qualify for and is usually associated with the PTSD diagnosis.

How Do I File a claim for VA Disability?

In order to file a claim, you'll need to follow certain steps. You must first provide medical evidence, such as an opinion from a doctor and lab results, or X-rays, to prove that your condition falls within VA's definition of disability. It's usually beneficial to have your lawyer collect the medical evidence and submit it as part of your initial application so that it can be easier to process by the VA.

You must then undergo an exam for Compensation and Pensions (C&P). A federal VA rater will perform the exam. They will look at your symptoms and physical condition to determine whether you are eligible for disability benefits. It's crucial to have proper documentation before undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has reviewed your medical evidence and completed the exam you will receive an official decision letter. It will contain an introduction, a determination of your disability classification and the exact amount, a list of the medical evidence they reviewed and a description of the reasons they decided against you when they made their decision.

Our firm is able to assist with the appeals procedure if your claim has been denied or you've received a rating which doesn't adequately compensate you for the symptoms you are experiencing. We will determine the reason for the reason your claim was denied and prepare a comprehensive and strategic appeal to resolve the issue in your favor.

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 examine the same evidence again and determine if the initial decision could be modified because of a difference of opinion or an error that was made. This is a possibility for those who don't have new evidence to prove. The process can be completed in about 125 days.

Then, you can make a Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be relevant and new. It can also include non-medical evidence such as lay statements (sworn statements from people who know how your disability affects you). This appeal must be filed within a year following the decision.

A third alternative is to submit a formal appeal to the Board of veterans disability Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will draft an Statement of the Case or Veterans disability SOC which will identify what laws and regulations were used to make the decision, and a list of the evidence taken into consideration and will explain the reasons for the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision of the BVA is upheld. This is the most difficult option and can be expensive, but it could be the only way to get an equitable outcome for your client.

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

A good veteran disability attorney brings clarity to the appeals process. They'll quickly determine what is missing from your claim to make it eligible to be reviewed and help you determine the best method to appeal a ruling. Examining the reasons behind the decision, assisting you in making medical evidence to back your claim, and presenting your evidence in a way that is appropriate is all essential to the job.

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

A recent settlement in a class-action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will result thousands of veterans who were previously denied disability benefits from receiving lifetime benefits.

Jim the veteran, who is 58 years old was struck by a stroke and left him permanently disabled. He receives a pension from the VA, but also SSI and Medicaid payments. Jim would like to know the impact of his $100,000 settlement on his impact his ability to receive these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly Pension payment, but is wondering what can be done to minimize the impact on other sources of income.