Nine Things That Your Parent Taught You About Veterans Disability Claim

Veterans Disability Litigation

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

Monk claims that the VA denied benefits due to PTSD, and the discharge was not favorable. The VA has a lengthy appeals procedure for rectifying any decisions that are not in the best interest of the public.

What is an VA Disability Claim (VAD)?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is an unpaid benefit that can be used to cover medical costs or housing assistance. 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 service-related disabilities.

The easiest disability to establish is Tinnitus (ringing in the ear). This is a sign that can be experienced when you hear a ringing sound in your ears, hissing or buzzing sounds, or other sounds that you cannot hear them.

Sciatica is one of the most frequently encountered conditions. Sciatica can occur when a herniated disc bone spur compresses the sciatic nerve. The sciatic nerve runs from your lower spine, through your buttocks, hips and down your legs. The pain and numbness are felt in the buttocks, lower legs, and feet. It can be quite severe.

The easiest condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience frequent nightmares, extreme anxiety or depression or uncontrollable thoughts regarding a specific incident which occurred during your military service. A convincing proof of the claim using the source of the stressor during your service may help you receive the PTSD rating you merit. A traumatic brain injury is the fourth most straightforward condition to be considered for and usually comes with a PTSD diagnosis.

How do I submit a claim for VA Disability?

In order to file a claim, you'll need to go through some steps. First, you must submit medical evidence such as a doctor's opinion and lab reports as well as Xrays to prove that your condition is in line with the VA's definition of disability. It's often helpful to have your lawyer collect and submit this evidence in the initial filing so that it can be easier to process by the VA.

You then need to go through an exam called Compensation and Pensions (C&P). This will be performed by a federal VA rater who will evaluate your physical and mental health to determine if you are eligible for disability benefits. You should have all the documentation required to increase your chances of obtaining benefits.

You will receive a letter of decision once the C&P examiner reviews your medical evidence and finishes the exam. The letter will include an introduction, a determination of your disability classification and the specific amount, a list of the medical evidence they considered and a description of the reasons why they decided against you when they made their decision.

If your claim is denied or you are awarded an unjustified rating that doesn't compensate you for all of the ailments you suffer from, our company can help with the appeals process. 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 offers three options for those who are dissatisfied with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and decide if the original decision could be modified in light of a disagreement or an error made. This is a good alternative for a claimant who does not have any new evidence to show and it can be completed in 120 days.

The other option is to file an Supplemental Claim. This is an appeal process where veterans disability attorney can provide new evidence, but it has to be original and relevant. It could also include non-medical evidence like lay statements (sworn statements from people who understand how your condition affects you). This type of appeal should be made within a year from the date of a decision.

Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This is done by submitting an VA Form 21-0958, also known as a Notice of Disagreement. The regional office will draft an SOC (Statement of the case) when the appeal is filed. This will comprise a listing of the evidence that was taken into account, the laws and regulations that were used to arrive at the decision and the reasons why the decision was favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most costly and time-consuming option, but it could be the only way to get a fair result for your client.

How much will a lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals process. He or she will quickly determine what is missing from your claim, making it eligible to be reviewed and assist you in deciding the best way to appeal a decision. Reviewing the reasons for decision, assisting you in preparing medical evidence to support your claim, and presenting this evidence in a professional manner are all part of the job.

If an order from a court requires that a disabled veteran pay alimony or child maintenance the veteran is not able to ignore the order and continue receive VA compensation benefits. This is a well-known law and there are consequences for breaking an order of a court.

A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans previously denied disability benefits.

Jim is a veteran of 58 years who suffered a stroke that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim wants to know how his expected $100,000 settlement will impact his eligibility for these benefits. Jim knows that he has to prove that he has the financial need to continue receiving the monthly pension payment, but he is wondering what can be done to reduce the effect on his other sources of income.