9 . What Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help veterans file a first disability claim or contest an VA decision regarding the claim. At present, lawyers aren't permitted to charge for initial claims.

Monk claims 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 correcting any unfavorable decisions.

What Is an VA Disability Claim?

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 an amount of money to parents, spouses and children of service members who have died while on active duty or as a result of service-related injuries.

The most simple condition to claim is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear ringing, hissing, buzzing, or other sounds coming from either or both ears. It can only be heard by you, and not to others who also suffer from it.

Sciatica is one of the more common conditions to be able to treat. It can occur when a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back through your buttocks, hips and down each leg. The lower legs and buttocks can be affected by the pain and feeling of numbness.

The easiest condition to be eligible for is Post Traumatic Stress Disorder (PTSD). You may experience recurring nightmares, extreme anxiety, depression, or veterans Disability uncontrollable thoughts about an incident that occurred during your military service. A convincing argument in support of the claim with the stressor that occurred in the course of service can help receive the PTSD rating you deserve. A traumatizing brain injury is the fourth most straightforward condition to be considered for and usually accompanies the PTSD diagnosis.

How do I file a claim for VA Disability?

There are many procedures to follow to file an claim. First, you must submit medical evidence, including a doctor’s opinion or lab results, as well as the X-rays that prove your condition is in line with VA's definition of disability. It is often helpful to have a lawyer collect the medical evidence and then provide it as part of your initial application, so that the VA will be able to process it faster.

The next step is to take an Compensation and Pension (C&P) test. It will be administered by an federal VA rater who will evaluate your physical and mental health to determine if you qualify for disability benefits. You must have all the necessary documentation to increase your chances of obtaining benefits.

You will be issued a letter of decision once the C&P examiner has reviewed your medical evidence and passes the exam. It will include an introduction, a statement of your disability classification and specific amount, a list of the medical evidence they considered and a list of any reasons why they decided against you in deciding.

If your claim is denied or you receive a rating that does not pay for all the issues you suffer from, our company can help with the appeals process. We will determine the reason for the reason your claim was denied and then prepare a thorough and strategic appeal to settle the matter in your favor.

How can I challenge a VA Decision?

VA offers three options for applicants who disagree with the decision. First an Senior Reviewer will look over the same evidence and determine if the original decision can alter based on a divergence of opinion or an error. This is a viable option for a claimant that doesn't have new evidence to submit and it can be completed in 125 days.

The other 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 could also include non-medical evidence such a lay statements (sworn declarations from people who understand how your disability affects you). This type of appeal should be submitted within one year following the decision.

Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This is done by filing an VA Form 21-0958, a Notice of Disagreement. Once the appeal is filed, the regional office will prepare a Statement of Case or SOC which will detail the laws and regulations used to reach the decision, along with a list of the evidence considered, and it will also explain the reasons for 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 costly and time-consuming path, but it may be the only option to ensure a fair outcome for your client.

What is the cost a lawyer will Charge for appeals?

A veteran disability lawyer can help to clarify the appeals process. They can quickly identify what was missing from your initial claim to allow it for review. He or she will assist you in deciding the best method to appeal a decision. Analyzing the reasons for the denial, assisting you in preparing medical evidence to support your claim, and veterans disability presenting this evidence in a way that is appropriate is all essential to the job.

If a court orders that disabled veterans pay child maintenance or alimony the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for breaking an order of a court.

A recent settlement in a class action lawsuit could be a major victory for veterans disability law firms suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans who were previously denied disability benefits.

Jim the veteran, who is 58 years old who suffered a stroke that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim recognizes that he must prove that he has the 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.