9 Lessons Your Parents Taught You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help veterans file a first disability claim or challenge an VA decision regarding the claim. However, current law prevents lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA refused to grant him benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure for fixing any erroneous decisions.

What Is a VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation offers a cash reward to cover expenses such as housing and medical treatment. Dependency and Indemnity Compensation provides a monetary payment to spouses, parents and children of service members who died on active duty or because of service-related injuries.

Tinnitus is the most commonly reported condition. It is a symptom that is triggered when you hear sounds ringing in your ears, hissing, buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is one of the most frequent conditions. Sciatica happens when a herniated disc or bone spur causes compression of your sciatic nerve. This nerve runs from your lower spine to your buttocks, hips and down your legs. Numbness and pain are felt in the buttocks, lower leg and feet. It can be extremely.

The easiest condition to be eligible for is Post Traumatic Stress Disorder (PTSD). This occurs when you experience recurring nightmares, extreme anxiety or depression or uncontrollable thoughts regarding a specific incident which occurred during your military service. A convincing proof of the claim accompanied by the stressor that occurred during your service may help you get the PTSD rating you deserve. A traumatic brain injury is the easiest condition to be eligible for and typically comes with an PTSD diagnosis.

How do I file a VA Disability Claim?

In order to file a claim, you must follow some steps. First, you must submit medical evidence, such as medical opinion from a physician and lab results, or X-rays to prove that your condition meets VA’s definition of disability. It is often helpful for a lawyer to collect this evidence medically and submit it as part of your initial application, so that the VA will be able to process it faster.

You then need to go through a Compensation and Pensions (C&P). It will be administered by an federal VA rater who will examine your symptoms and physical condition to determine whether or not you qualify for disability benefits. You should have all the required documentation in order to maximize your chances of receiving benefits.

You will be issued a letter of decision when the C&P examiner reviews your medical evidence and completes the examination. The letter will contain an introduction, the determination of your disability and amount as well as a list and the description of all medical evidence that was reviewed as well as any reasons for their decision.

Our firm can help you with the appeals procedure if your claim was rejected or if you've received a rating which is not enough to compensate you for the issues you are experiencing. We can analyze the reasons for why your claim was denied and then prepare a thorough and strategic appeal to settle the issue to your satisfaction.

How can I challenge a VA Decision?

VA has three paths to take when a claimant is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence again and determine whether the original decision is valid due to a difference of opinion or an error that was made. This is a viable option for a claimant who has no new evidence to present and it can be completed in the 125 days.

The other alternative is to file an Supplemental Claim. This is an appeal in which veterans can provide new evidence but it has to be fresh and relevant. It may also contain non-medical evidence, such as lay statements. These are statements that are sworn from people who are aware of how your disability affects you. This type of appeal must be made within a year following the decision.

Another alternative is to make a formal appeal to the Board of veterans disability law firm Appeals. This is done by filing the VA Form 21-0958 and a Notice of Disagreement. Once the appeal is filed the regional office will draft a Statement of Case or SOC that will outline the laws and regulations that were used in reaching the decision, as well as a list of the evidence examined and a description of the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld, the final option is to take the case to a federal appeal court. This is the most difficult route and is costly, but it could be the only method to get the best possible outcome for your client.

How much will a lawyer charge for an appeal?

A good veteran disability attorney brings clarity to the appeals process. He or she will swiftly determine what is missing from your claim, making it eligible for review and help you decide on the best method to appeal a decision. The task involves analyzing the reasons for the denial, helping you to develop medical evidence to back your case and presenting your evidence in a proper way.

If a court orders that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran cannot evade the order and continue to receive VA compensation benefits. This is a well-recognized law and there are consequences for breaking a court's order.

A recent settlement in a class action lawsuit could be a major victory for veterans with PTSD. Medical News Today reports the settlement will enable thousands of veterans who were previously denied disability benefits, receiving lifetime benefits.

Jim is a 58 year veteran who had a stroke which left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim wants to know the impact of his $100,000 settlement on his affect his eligibility to receive these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly pension payment, but he wonders what could be done to minimize the effect on his other sources of income.