10 Things You Learned In Kindergarden That ll Help You With Veterans Disability Claim

veterans disability attorney Disability Litigation

A lawyer can help a veteran file an initial disability claim or challenge an VA decision regarding the claim. But, the law in place today prohibits lawyers from charging fees for assistance with the initial claim.

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

What is an VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation offers a cash reward to pay for things such as housing and medical expenses. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses and children of service members who have died during active duty or from service-related disabilities.

Tinnitus is among the top most commonly reported condition. This is a sign that occurs when you hear ringing in your ears, the sound of hissing or buzzing sounds, firm or other sounds that you cannot hear them.

Sciatica is another of the easier conditions to be diagnosed with. It happens when an injured disk or bone spur causes compression of the sciatic nerve which runs from your lower back, through your buttocks and hips, and down each leg. The numbness and pain can be felt in the buttocks, lower legs and feet. It can be extremely.

The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This occurs when you experience recurring nightmares, extreme anxiety, depression or uncontrollable thoughts about an event that took place during your military service. A convincing defense of the claim using an event that caused stress during your service may help you receive the PTSD rating you deserve. A traumatizing brain injury is the most simple condition to qualify for and usually accompanies the PTSD diagnosis.

How do I submit a claim for VA Disability?

There are several steps to be followed to file an claim. First, you must submit medical evidence, like medical opinion from a physician and lab results as well as X-rays, to show that your condition falls within VA's definition of disability. It is generally beneficial to have a lawyer gather this medical evidence and submit it as part of your initial application, so that the VA can review it faster.

Next, you must undergo another Compensation and Pension (C&P) examination. This will be performed by an official from the federal VA rater who will assess your physical and psychological symptoms to determine whether or not you are eligible for disability benefits. You should have all the necessary documentation to maximize your chances of obtaining benefits.

You will be issued a letter of decision after the C&P examiner reviews your medical evidence and completes the examination. The letter will include an introduction, the decision of your impairment and the amount as well as a list and the description of all medical evidence they considered, and any reasons for their decision.

If your claim is rejected or you are awarded a rating that does not pay for all the symptoms that you are suffering from, our firm can assist in the appeals process. We can help you appeal an appeal against a denial by preparing a thorough appeal.

What can I do to challenge a VA Decision?

VA offers three options for those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence again and determine whether the original decision is valid based on difference of opinion or an error made. This is an option for those who do not have new evidence to present. The process can be completed within about 125 days.

The second alternative is to file an Supplemental Claim. It is an appeal in which veterans can add new evidence, but it has to be new and relevant. It can also include nonmedical evidence, such as lay statements. These are sworn statements by people who understand how your disability affects you. This appeal must be filed within a year following a decision.

A third option is to make a formal appeal to the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) when the appeal is filed. This will comprise a list evidence that was considered, as well as the regulations and laws used to reach the decision and the reasons for why the decision was favorable, unfavorable, or indeterminate.

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

What is the cost a lawyer will charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals procedure. They'll quickly identify what is lacking from your claim to make it eligible for review and help you determine the best way to appeal a decision. Examining the reasons behind the denial, assisting you in preparing medical evidence to support your claim, and then presenting this evidence in a way that is appropriate is all aspects of the job.

If a court orders that a disabled veteran pay child maintenance or firm alimony and child maintenance, the veteran can't ignore this order and continue to receive VA compensation benefits. This is a widely-recognized law and carries a penalty in the event of a violation of the court order.

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

Jim, a 58-year-old veteran had a stroke that left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will affect his ability to receive these benefits. Jim is aware that he must to show that he is in need of the monthly Pension payment, but he wonders how he can reduce the impact on his other income sources.