5 Laws That ll Help The Veterans Disability Claim Industry

veterans disability law firm Disability Litigation

A lawyer may help a veteran file an initial disability claim or challenge the VA decision regarding the claim. However, current law prohibits lawyers from charging for assistance with the initial claim.

Monk claims that the VA denied his claim for benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals process for fixing any erroneous decisions.

What Is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is cash benefits 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 died on active duty or as a result of service-related injuries.

The most simple condition to prove is Tinnitus (ringing in the ear). This is a symptom that manifests when you hear ringing in your ears, hissing, buzzing sounds, or other sounds, but only you can hear them.

Sciatica is another one of the most common conditions to be able to treat. It happens when a herniated disk or bone spur puts pressure on the sciatic nerve which runs from your lower back to your buttocks and hips, and down each leg. The pain and numbness are felt in the buttocks, lower legs, and feet. It can be extremely.

Post Traumatic Stress (PTSD) is the third condition that is easy to qualify. This occurs when you experience recurring nightmares, extreme anxiety, depression or uncontrollable thoughts about an event that took place during your military service. You can achieve the PTSD rating that you are entitled to by making a compelling claim and citing an event that happened during your service. A brain injury that is traumatic is the easiest condition to be eligible for and usually comes with an PTSD diagnosis.

How Do I File a VA Disability Claim?

In order to file a claim, you'll need to follow a few steps. You must first present medical evidence, such as the opinion of a doctor and lab results, or X-rays to prove that your condition is within VA's definition of disability. It is often beneficial to have your lawyer collect the medical evidence as part of your initial filing so that it can be more easily processed by the VA.

The next step is to take a Compensation and Pension (C&P) examination. It will be administered by an official from the federal VA rater who will review your symptoms and physical condition to determine if you qualify for disability benefits. It's important to have the proper documentation before undergoing this exam so that you can 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 letter will include an introduction, the determination of your impairment and the amount of disability, a listing and a the description of all medical evidence they considered, and any reasons for their decision.

Our firm can assist you in completing the appeals process if your claim was rejected or if you've received a rating which does not compensate you adequately for the conditions you are experiencing. We can assess why your claim was denied and prepare a comprehensive and strategic appeal that will resolve the issue to your satisfaction.

What can I do to challenge a VA decision?

VA offers three options for those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence again and determine whether the original decision can be changed based on difference of opinion or an error made. This is a possibility for claimants who don't have any new evidence to provide. The process can be completed in 125 days.

The other alternative is to submit a Supplemental Claim. This is an appeal where an individual with a disability can submit new evidence, however it must be to be relevant and new. It may also contain non-medical evidence such as lay statements (sworn statements from people who understand how your condition affects you). This appeal must be filed within a year after the date of a decision.

Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This is done by filing a Notice 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 to reach the decision, along with a list of evidence that was taken into consideration and will explain the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most difficult option and is costly, but it could be the only way to ensure the best possible outcome for your client.

How much will a lawyer Charge for appeals?

A seasoned disability attorney brings clarity to the appeals process. He or she will swiftly determine what is missing from your claim to make it eligible for review and help you determine the best method to appeal a ruling. Examining the reasons behind the rejection, and assisting you with making medical evidence to back your claim, and presenting this evidence in a way that is appropriate is all essential to the job.

If an order from a court requires that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran can't ignore the order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for breaking an order of a court.

A recent settlement in 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 who were previously denied disability benefits.

Jim is a 58 year veteran who had a stroke that left him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim is interested in knowing how his anticipated $100,000 settlement will affect his ability to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he is wondering how he could minimize the impact on other income sources.