9 . What Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer may help a veteran file an initial disability claim or challenge an VA decision on the claim. At present, lawyers aren't allowed to charge for initial claims.

Monk alleges that the VA denied his claim for benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure for making amends to any decision that is not favorable.

What Is a VA Disability Claim?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation (DIC) provides financial assistance to parents, spouses, and children of Service members who die in active duty or from service-related disabilities.

The most common condition to prove is Tinnitus (ringing in the ear). This condition occurs when you hear hissing, ringing, buzzing, or other sounds in the ear of one or both and can only be heard by you, and not to other people who have it.

Sciatica is one of the most common ailments. It is caused by a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back through your hips and buttocks and down each leg. Lower legs and buttocks may be affected by discomfort and the numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to be considered for. This is when you experience constant nightmares, extreme anxiety, depression or uncontrollable thoughts regarding a specific incident that happened in your military service. A convincing defense of the claim with an event that caused stress during your service may help you get the PTSD rating you deserve. A traumatizing brain injury is among the most simple condition to be eligible for and usually comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you need to follow the steps. You must first submit medical evidence, like medical opinion from a physician or lab results, as well as X-rays, to prove that your condition falls within VA's definition of disability. It is often beneficial to have your lawyer collect and submit this evidence in the initial filing so that it can be easier to process by the VA.

Then, you must undergo a Compensation and Pensions (C&P). The exam will be conducted by an federal VA rater who will evaluate your symptoms and physical condition to determine whether or not you qualify for disability benefits. You must have all the necessary documentation to increase your chances of receiving benefits.

You will receive a decision letter after the C&P examiner reviews the medical evidence you submitted and has completed the exam. The letter will contain an introduction, the determination of your disability and the amount of disability, a listing and a details of all medical evidence that was reviewed and the reasons for their decision.

If your claim is rejected or you are awarded an amount that does not pay for all the issues you suffer from, our firm can assist with the appeals process. We can assess why your claim was denied and prepare a comprehensive and strategic appeal to resolve the issue in your favor.

How can I challenge a VA decision?

VA offers three options to follow when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence again and determine if the initial decision is valid in light of a disagreement or an error made. This is a viable alternative for a claimant who does not have new evidence to submit and it can be completed in one hundred and fifty days.

The second option is to submit an Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it must be new and relevant. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn from people who are aware of how your disability affects. This type of appeal must be filed within a year following the decision.

A third option is to submit a formal appeal to the Board of veterans disability attorney Appeals. This is done by filing an VA Form 21-0958 and a Notice of Disagreement. The regional office will prepare an SOC (Statement of the Case) after the appeal has been filed. This will contain a listing of the evidence that was considered, as well as the laws and regulations that were used in making the decision, as well as the reasons behind why the decision was favorable, unfavorable or indeterminate.

If the BVA decision is upheld then the only option left is to refer the case to a federal appeals court. This is the most costly and time-consuming route, but it might be the only way to get a fair result for your client.

How Much Will a Lawyer Charge for appeals?

A skilled veteran disability lawyer can help you understand the appeals process. They can quickly identify what was missing from your initial claim in order to qualify it for review. He or she will assist you in deciding the best method to appeal the decision. Scrutinizing the reasons for the decision, assisting you in creating medical evidence to support your claim, and presenting this evidence in an appropriate way are all essential to the job.

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

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

Jim is a 58 year old veteran who suffered an injury to the brain that left him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim is interested in knowing whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he needs to prove that he's in need of the monthly pension payment, but he's wondering how he can reduce the impact on other income sources.