10 Tell-Tale Warning Signs You Need To Get A New Veterans Disability Claim

oakdale veterans disability lawsuit Disability Litigation

A lawyer can assist veterans make an initial claim for disability, or contest a VA decision. At present, lawyers aren't allowed to charge for initial claims.

Monk claims that the VA denied benefits due to PTSD, and the discharge was not favorable. The VA has an extensive appeals process to correct any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation provides a cash benefit to pay for things such as medical care and housing assistance. Dependency and Indemnity Compensation offers cash payments to parents, spouses and children of Service members who have died while on active duty or because of service-related injuries.

Tinnitus is the #1 most common disability. It is a condition that is triggered when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or any other sounds that you cannot hear them.

Sciatica is another one of the most common conditions to qualify for. It can occur when a herniated disk or bone spur puts pressure on the sciatic nerve which runs from your lower back, through your hips and buttocks and down each leg. The lower legs and buttocks are susceptible to being affected by discomfort and the numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to qualify. This is when you experience recurring nightmares, extreme anxiety, depression or uncontrollable thoughts about an event that took place during your military service. A convincing argument in support of the claim with the source of the stressor during your service can help you achieve the PTSD rating you deserve. A traumatizing brain injury is among the fourth most straightforward condition to be eligible for and usually comes with an PTSD diagnosis.

How do I apply for a VA Disability Claim?

To file a claim you'll need to follow certain steps. You must first submit medical evidence, including the opinion of a doctor and lab results as well as 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 the medical evidence and submit it as part of your initial application so that it can be easier to process by the VA.

Next, you must undergo a Compensation and Pension (C&P) exam. A federal VA rater will conduct this exam. They will look at your physical and mental health to determine if you are eligible for disability benefits. It's crucial to have appropriate documentation prior to taking this exam so that you can maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has reviewed the medical evidence you submitted and has completed the examination, you will receive the decision letter. This letter will contain an introduction, a determination of your disability and amount of your disability, a list and a description of all medical evidence that was considered and the reasons behind their decision.

If your claim is denied or you receive an amount that does not cover all of the conditions you suffer from, our firm can assist you in appealing the decision. We can help you appeal the denial of your claim through the preparation of a comprehensive appeal.

How can I challenge a VA Decision?

VA offers three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and determine if the original decision is because of a difference of opinion or an error made. This is an excellent option for a claimant that does not have any new evidence to present and it can be completed in 125 days.

Second, you can submit a Supplemental Claim. It is an appeal where veterans can add new evidence, but it must be new and westminster Veterans disability law Firm relevant. It may also contain non-medical evidence, such as lay statements. These are sworn statements from people who are aware of how your disability affects you. This appeal has to be filed within one year following a decision.

Thirdly you can file a formal complaint with the Board of westminster Veterans disability law Firm Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will prepare a Statement of the Case or SOC that will outline the laws and regulations that were used in reaching the decision, as well as a list of the evidence taken into consideration and will explain the reasons behind the decision as either favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court in the event that the decision of the BVA is upheld. This is the most challenging option and can be expensive but it is the only way to ensure a fair result for your client.

How much will a lawyer charge for an appeal?

A skilled veteran disability attorney brings clarity to the appeals process. He or she will quickly determine what is missing from your initial claim in order to qualify it to be reviewed and help you determine the best method to appeal a decision. Reviewing the reasons for denial, helping you in making medical evidence to back your claim, and presenting the evidence in a professional manner is all aspects of the job.

If a court orders a disabled veteran to pay court-ordered alimony or child support, the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a widely recognized law and carries a penalty for violating a court order.

A recent settlement of a class action lawsuit may be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of kendallville veterans disability law firm who had previously been denied disability benefits.

Jim, a 58-year-old veteran had a stroke that left him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim wants to know the impact of his $100,000 settlement on his affect his eligibility to receive these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly Pension payment, but is wondering what can be done to minimize the effect on his other sources of income.