10 Things That Your Family Taught You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can assist a veteran file an initial disability claim or challenge the VA decision regarding the claim. In the present, lawyers aren't allowed to charge for initial claims.

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

What is what is a VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation provides a monetary payment to spouses, parents and children of service members who have passed away on active duty or due to service-related injuries.

The most common condition to claim is Tinnitus (ringing in the ear). It is a condition that can be experienced when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or other sounds however, you are unable to hear them.

Sciatica is one of the most frequent conditions. Sciatica happens when a herniated disc bone spur can compress your sciatic nerve. The sciatic nerve is located in your lower spine to your buttocks, hips, and down your legs. The buttocks and lower legs are susceptible to being affected by discomfort and numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can be able to qualify for. It is a condition that occurs when you experience repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event that happened in your military service. A convincing proof of the claim by citing the stressor that occurred during your service can help you achieve the PTSD rating you are entitled to. A traumatizing brain injury is among the 4th most common condition to be eligible for and is usually associated with a PTSD diagnosis.

How do I file a VA Disability Claim?

There are many procedures to follow to start an claim. You must first present medical evidence, including a doctor’s opinion and lab results as well as X-rays to prove that your condition meets VA’s definition of disability. It is generally beneficial to have a lawyer collect this medical evidence and provide it as part of your initial application so that the VA can process it more easily.

You then need to go through a Compensation and Pensions (C&P). This will be performed by an federal VA rater who will assess your symptoms and physical condition to determine if you are eligible for disability benefits. It's important to have the appropriate documentation prior to taking this test so that you maximize your chances of receiving the benefits you deserve.

After the C&P examiner has assessed your medical evidence and completed the exam you will receive an official decision letter. This will contain an introduction, a decision of your disability rating and specific amount, a listing of the medical evidence they considered and a statement of any reasons why they did not choose you when they made their decision.

If your claim is rejected or you are awarded an unjustified rating that doesn't provide you with all the ailments you suffer from, our firm will assist in the appeals process. We can analyze the reasons for why your claim was denied and draft a thorough and strategic appeal to end the issue in your favor.

How Do I Challenge a VA Decision?

VA offers three options to take when a claimant disagrees with the decision. First, a Senior Reviewer will examine the same evidence and determine if the original decision can be changed due to a change of opinion or absence. This is a possibility for those who don't have new evidence to support their claim. The process can be completed in about 125 days.

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

Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This is done by submitting an VA Form 21-0958 and a Notice Of Disagreement. The regional office will draft an SOC (Statement of the Case) after the appeal has been filed. This will contain a list of evidence taken into account, the laws and regulations 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 from the BVA is confirmed. This is the most costly and time-consuming route, but it might be the only option to obtain a fair decision for your client.

How much will a lawyer Charge for appeals?

A veteran disability lawyer can help to clarify the appeals process. They will quickly identify what is lacking from your claim to make it eligible to be reviewed and help you decide on the best method to appeal a ruling. Analyzing the reasons for the rejection, and assisting you with preparing medical evidence to support your claim, and presenting the evidence in a proper manner are all essential to the job.

If the court orders disabled veterans disability law firms pay alimony or child maintenance the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a widely recognized law and carries a penalty if you violate the order of a judge.

A recent settlement in a class-action lawsuit could be a significant victory for veterans disability lawsuits suffering from PTSD. Medical News Today reports the settlement will allow thousands veterans who previously were not eligible for disability benefits to receive lifetime benefits.

Jim an 58-year-old veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA, but also SSI and Medicaid payments. Jim wants to know whether the $100,000 settlement will impact his ability to receive these benefits. Jim recognizes that he must show that he has 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.