9 . What Your Parents Teach You About Veterans Disability Claim
Veterans Disability Litigation
Lawyers can assist a veteran file an initial disability claim or contest the VA decision regarding the claim. Lawyers are currently not allowed to charge fees for initial claims.
Monk claims that the VA denied benefits due to PTSD and a discharge that was not favorable. The VA has a lengthy appeals procedure for making amends to any decision that is not favorable.
What Is an VA Disability Claim?
A VA disability claim is a way to apply for tax-free monthly benefits. Compensation offers a cash reward to cover things like medical care and housing assistance. Dependency and Indemnity Compensation (DIC) offers the spouses, children and parents of deceased Service members while on active duty, or due to their service-related disabilities.
Tinnitus is the #1 most frequent ailment. This is a symptom that occurs when you hear ringing, hissing, buzzing, or other sounds in either or both ears. It can only be heard by you, and not to other people who have it.
Sciatica is one of the most frequent conditions. Sciatica happens when a herniated disc or bone spur can compress your sciatic nerve. This nerve runs from the lower part of your spine through your buttocks and hips and down your legs. The lower legs and buttocks can be affected by discomfort and numbness.
The most common condition you can be diagnosed with is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares, extreme anxiety or depression, or an uncontrollable thoughts about an incident that occurred during your military service. You can obtain the PTSD rating you merit by making a solid claim and citing a stressful incident that happened during your service. A head injury that is traumatizing is the fourth easiest condition to qualify for and is usually associated with the PTSD diagnosis.
How do I file a VA Disability Claim?
In order to file a claim, you need to follow a few steps. You must first submit medical evidence, like the opinion of a doctor, lab results and X-rays, to prove that your condition falls within VA's definition of disability. It is often beneficial to have your lawyer gather and submit this medical evidence in your initial filing to ensure that it is easier to process by the VA.
The next step is to take the Compensation and Pension (C&P) exam. The exam will be conducted by an federal VA rater who will review your physical and medical conditions to determine whether or not you qualify 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 reviewed the medical evidence you submitted and has completed the exam you will receive a decision letter. The letter will include an introduction, the determining of your impairment and the amount as well as a list and description of all medical evidence considered and the reasons behind their decision.
If your claim is denied or you are awarded a rating that doesn't cover all of the ailments you are suffering from, our company can assist in the appeals process. We can help you appeal an appeal against a denial by preparing an extensive appeal.
How can I contest a VA decision?
VA offers three options for applicants who disagree with a decision. First, a Senior Reviewer will review the same evidence to determine whether the original decision is likely to be altered due to a difference of opinion or an error. This is a possibility for claimants who don't have any new evidence to provide. It can be completed in the 125 days.
You can also file a Supplemental Claim. It is an appeal where veterans can add new evidence, but it has to be new and relevant. It can also include nonmedical evidence, such as lay statements. These are sworn statements by people who understand how your disability affects. This type of appeal should be filed within one year from the date of a decision.
Thirdly, you can file a formal complaint with the Board of veterans disability law firms Appeals. This requires 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 that will outline the laws and regulations that were used to make the decision, as well as a list of the evidence examined and a description of the reasons behind the decision as either favorable, unfavorable or indeterminate.
If the BVA decision is affirmed then the only option left is to appeal the decision to a federal appeals court. This is the most challenging option and can be expensive but it is the only way to get an appropriate outcome for your client.
What is the cost a lawyer will Charge for appeals?
A veteran disability lawyer can assist to clarify the appeals procedure. He or she will quickly determine what was lacking from your initial claim to be eligible for review. He or she will help you determine the best method to appeal the decision. The job includes examining the reasons behind denial, helping you develop medical evidence to support your claim and presenting the evidence in a way that is appropriate.
If a judge orders a disabled veteran to pay alimony ordered by the court or child support, the veteran isn't allowed to ignore the order and continue to receive VA compensation benefits. It is a widely accepted law and there are consequences for violating a court order.
A recent settlement of a class action lawsuit may be a major victory for veterans disability law firm suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of veterans who had previously been denied disability benefits.
Jim is a 58-year veteran who had an injury to the brain that left him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim would like to know the impact of his $100,000 settlement on his affect his eligibility for these benefits. Jim knows that he has to demonstrate that he is financially in need to continue receiving the monthly pension payment, but is wondering what can be done to minimize the effect on his other sources of income.