12 Companies Are Leading The Way In Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help veterans start a claim for disability benefits or contest a VA decision. Currently, lawyers are not permitted to charge for initial claims.

Monk claims that the VA denied his claim for benefits based on PTSD and an unfavorable discharge. The VA has a long appeals procedure to rectify any erroneous determinations.

What is an VA Disability Claim (VAD)?

A VA disability claim is an application for tax-free monthly benefits. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses, and children of deceased Service members in active duty or from service-related disabilities.

The most simple condition to claim is Tinnitus (ringing in the ear). It is a condition that occurs when you hear ringing in your ears, hissing, buzzing sounds, or any other sounds, but only you can hear them.

Sciatica is another of the easier conditions to qualify for. It occurs when a herniated disk or bone spur causes compression of the sciatic nerve which runs from your lower back to your buttocks and hips as well as down each leg. Lower legs and buttocks are susceptible to being affected by discomfort and the numbness.

The easiest condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety, depression, or uncontrollable thought about an incident that occurred during your military service. A strong statement in support of the claim by citing a 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 typically comes with an PTSD diagnosis.

How do I make a claim for a VA Disability?

There are a number of procedures to follow to submit an claim. You must first submit medical evidence, including an opinion from a doctor, lab results and X-rays, to prove that your condition is in line with VA's definition of disability. It is often helpful to have a lawyer gather the medical evidence and include it in your initial application, so that the VA can process it more easily.

Then, you'll have to take a Compensation and Pension (C&P) exam. A federal VA rater will take this exam. They will look at your physical and psychological symptoms in order to determine if you're eligible for disability benefits. It's important to have the necessary documentation prior to undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

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

If your claim is denied or Veterans Disability Law Firms you are awarded a rating that doesn't provide you with all the symptoms that you are suffering from, our firm will assist in the appeals process. We can analyze the reasons for the reason your claim was denied and craft a comprehensive and strategic appeal that will resolve the issue in your favor.

How Do I Challenge a VA Decision?

VA offers three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and determine if the initial decision is valid in light of a disagreement or an error made. This is an option for claimants who don't have any new evidence to support their claim. The process can be completed within about 125 days.

The second option is to make a Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it has to be relevant and new. It could also include non-medical evidence, like lay statements. These are sworn statements by people who understand the way your disability affects. This appeal has to be filed within one year after the date of a decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will prepare a Statement of the Case or SOC that will outline the laws and regulations that were utilized in determining the decision, along with a list of evidence that was considered and it will describe why the decision was made as either favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court if the decision from the BVA is upheld. This is the most difficult path and can be expensive but it could be the only option to obtain an equitable outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A seasoned disability attorney can help you understand the appeals process. He or she will quickly determine what is missing from your initial claim to be eligible for review. He or she will assist you in deciding the best method to appeal a decision. Scrutinizing the reasons for the rejection, and assisting you with creating medical evidence to support your claim, and presenting your evidence in a professional manner is all aspects of the job.

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

A recent settlement in a class-action lawsuit could be a huge victory for veterans disability law firms with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans disability lawsuit who had previously been denied disability benefits.

Jim is a 58 year veteran who had a stroke which left him permanently disabled. He is a pensioner from the VA but also receives SSI and veterans disability law firms Medicaid payments. Jim would like to know whether his $100,000 settlement will affect the ability to receive these benefits. Jim is aware that he must to prove that he's in need of the monthly Pension payment, but he's not sure what he can do to minimize the impact on other income sources.