9 Lessons Your Parents Taught You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can assist veterans disability law firms make an initial claim for disability, or challenge an VA decision. However, current law prohibits lawyers from charging fees for assistance with the initial claim.

Monk claims that the VA denied him benefits based on PTSD and a discharge that was not favorable. The VA has a long appeals process to correct any erroneous decisions.

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 to pay for things such as housing assistance and medical care. Dependency and Indemnity Compensation provides the parents, spouses and children of Service members who have passed away on active duty or as a result of service-related disabilities.

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

Sciatica is among the most frequently encountered conditions. Sciatica occurs when a herniated disc or bone spur puts pressure on the sciatic nerve. The sciatic nerve runs from your lower spine to your hips, buttocks, and down your legs. Lower legs and buttocks can be affected by discomfort and numbness.

The most common condition you can be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares or extreme anxiety or depression, or uncontrollable thoughts about an event that occurred during your military service. You can achieve the PTSD rating you merit by making a solid claim and citing an event that occurred during your service. A traumatic brain injury is the easiest condition to be eligible for and usually accompanies an PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim you need to follow some steps. The first step is to submit medical evidence, such as an opinion from a doctor or lab reports, X-rays and lab reports to prove that your condition meets the VA's definition of disability. It is often helpful to get a lawyer to gather the medical evidence and then provide it as part of your initial application, so that the VA will be able to process it more easily.

Then, Veterans Disability you have to pass another Compensation and Pension (C&P) exam. A federal VA rater will conduct this exam. They will evaluate your physical and psychological symptoms to determine if you qualify 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.

You will receive a decision letter after the C&P examiner has reviewed your medical evidence and passes the exam. This letter will contain an introduction, the determining of your disability and the amount of disability, a listing and a the description of all medical evidence that was reviewed as well as any reasons for their decision.

Our firm can assist with the appeals process in case your claim was rejected or if you've received a rating which is not enough to compensate you for the symptoms you are experiencing. We can help you appeal the denial of your claim by preparing a comprehensive appeal.

How do I challenge a VA decision?

VA provides three options to claimants who disagree with the decision. First the Senior Reviewer will look over the same evidence and determine whether the original decision is likely to alter based on a divergence of opinion or an absence. This is a possibility for applicants who don't have new evidence to prove. It can be completed within 125 days.

The second option is to submit a Supplemental Claim. This is an appeal process where the veteran can present new evidence, but it has to be relevant and new. It may also contain non-medical evidence, such as lay statements (sworn statements from people who understand how your disability affects you). This appeal has to be filed within a year after the date of a decision.

A third alternative is to file a formal appeal with the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958 or a Notice Of Disagreement. The regional office will prepare an SOC (Statement of the Case) once the appeal has been filed. This will comprise a list of the evidence considered, the laws and regulations that were used in making the decision, as well as the reasons why the decision was favourable, unfavorable or indeterminate.

If the BVA decision is affirmed and the BVA decision is upheld, the last option is to appeal the decision to a federal appeal court. This is the most challenging option and can be expensive, but it is the only way to ensure an appropriate outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals process. They'll quickly determine what is missing from your claim to make it eligible to be reviewed and help you determine the best method to appeal a ruling. The job entails analyzing the reasons for denial, assisting you in preparing medical evidence to back your case, and presenting the evidence in a professional manner.

If a court orders a disabled veteran to pay alimony ordered by the court or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a widely-recognized law and there are consequences in the event of a violation of 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 thousands of veterans who had previously been denied disability benefits.

Jim is a 58 year old veteran who suffered an injury to the brain that left him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim would like to know whether the $100,000 settlement will impact his ability to receive these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly Pension payment but wonders what can be done to reduce the impact on other sources of income.