5 Laws That ll Help The Veterans Disability Claim Industry

Veterans Disability Litigation

A lawyer may help veterans disability attorneys file an initial disability claim or contest a VA decision regarding the claim. But, the law in place today prohibits lawyers from charging for assistance in filing an initial claim.

Monk alleges that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA has an extensive appeals process for fixing any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is an unpaid benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation offers a monetary payment to spouses, parents and children of Service members who have died on active duty or due to disabilities related to service.

The easiest disability to claim is Tinnitus (ringing in the ear). It is a symptom that manifests when you hear ringing in your ears, a hissing sound, buzzing sounds, or other sounds, but only you can hear them.

Sciatica is one of the more common conditions to qualify for. Sciatica can occur due to a herniated disc, or bone spur can compress the sciatic nerve. This nerve runs from your lower spine to your buttocks, hips, and down your legs. Lower legs and buttocks may be affected by pain and the sensation of numbness.

The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety or depression, or uncontrollable thoughts about an event that occurred during your military service. You can obtain the PTSD rating you deserve by making a strong claim and citing a stressful event that occurred during your service. A brain injury that is traumatic is the most simple condition to be considered for and is usually associated with a PTSD diagnosis.

How Do I File a VA Disability Claim?

To file a claim, you must follow some steps. First, you need to submit medical evidence like a doctor's opinion and lab reports as well as Xrays to prove that your condition falls within the VA's definition of disability. It's often helpful to have your lawyer gather the medical evidence in your initial filing to ensure that it is more easily processed by the VA.

You must then undergo an exam for Compensation and Pensions (C&P). A federal VA rater will administer the exam. They will examine your physical and mental health to determine if you qualify for disability benefits. You must have all the documentation required in order to maximize your chances of obtaining benefits.

After the C&P examiner has reviewed your medical evidence and completed the exam you will receive a decision letter. It will include an introduction, a determination of your disability status and specific amount, a list of the medical evidence they considered and a brief description of any reasons they ruled against you in making their decision.

Our firm can assist you in completing the appeals process if your claim has been denied or you have received a rating which doesn't adequately compensate you for the conditions you are experiencing. We can help you appeal a denial of your claim by preparing a comprehensive appeal.

What can I do to 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 look at the same evidence and determine whether the original decision is valid in light of a disagreement or an error made. This is a possibility for claimants who don't have any new evidence to support their claim. The process can be completed within 125 days.

The second option is to make a Supplemental Claim. This is an appeal in which veterans disability lawyer can provide new evidence, but it has to be fresh and relevant. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn by people who understand the way your disability affects you. This type of appeal must be made within a year from the date of a decision.

Thirdly, you can make a formal complaint to the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will prepare a Statement of the Case or SOC which will identify what laws and regulations were used in reaching the decision, a list of the evidence examined and a description of the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed, the final option is to take the case to a federal appeal court. This is the most costly and difficult option, but it could be the only option to get a fair result for your client.

What is the cost a lawyer will 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 to make it eligible for review and help you determine the best way to appeal a ruling. The job entails analyzing the reasons behind denial, helping you develop medical evidence to support your case, and presenting the evidence in a way that is appropriate.

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

A recent settlement in a class action lawsuit could be a significant victory for veterans with PTSD. Medical News Today reports the settlement will allow thousands veterans who previously had to be denied disability benefits, receiving lifetime benefits.

Jim an 58-year-old veteran who suffered a stroke that left him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his expected $100,000 settlement will affect his ability to receive these benefits. Jim realizes that he has to show that he is in need of the monthly Pension payment, but he's wondering how he can minimize the impact on other income sources.