13 Things About Veterans Disability Claim You May Not Have Known

Veterans Disability Litigation

A lawyer can assist a veteran file an initial disability claim or challenge a VA decision on 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 an extensive appeals process for rectifying any decisions that are not in the best interest of the public.

What Is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to cover expenses such as housing and medical expenses. Dependency and Indemnity Compensation (DIC) provides an amount of money to spouses, children and parents of deceased Service members during active duty or due to their service-related disabilities.

The most common condition to establish is Tinnitus (ringing in the ear). This is a symptom that manifests when you hear sounds ringing in your ears, the sound of hissing or buzzing sounds, or other sounds that are only able to hear them.

Sciatica is among the most common ailments. It happens when a herniated disc or bone spur can compress the sciatic nerve which runs from your lower back through your buttocks and hips, and down each leg. The numbness and pain can be felt in the buttocks, lower leg and feet. It can be extremely.

Post Traumatic Stress (PTSD) is the third condition that is easy to be considered for. This occurs when you experience frequent nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about an incident that happened in your military service. You can earn the PTSD rating you merit by making a solid claim and citing a stressful incident that happened during your service. Traumatic head injuries are the fourth condition that is easy to get a rating for and is usually associated with a PTSD diagnosis.

How do I file a VA Disability Claim?

In order to file a claim, you'll need to follow the steps. The first step is to submit medical evidence, such as medical opinions, lab reports and X-rays to prove that your condition meets the VA's definition of disability. It is often beneficial to have your lawyer gather and submit this medical evidence in your initial application to ensure that it is easier to process by the VA.

Next, you must undergo a Compensation and Pension (C&P) examination. A federal VA rater will take this exam. They will assess your physical and psychological symptoms in order to determine whether you are eligible for disability benefits. You should have all the required documentation to maximize your chances of obtaining benefits.

After the C&P examiner has reviewed your medical evidence and completed the exam, you will receive a decision letter. The letter will contain an introduction, the determining of your disability and the amount of your disability, a list and a description of all medical evidence they considered as well as any reasons for their decision.

Our firm can help you in the appeals process if your claim was rejected or if you've received a rating that does not adequately compensate you for the conditions you are experiencing. We can help you appeal a denial of your claim by preparing an extensive appeal.

How Do I Challenge a VA Decision?

VA offers three options to claimants who disagree with the decision. First the Senior Reviewer will review the same evidence and determine whether the initial decision could change based on a difference of opinion or an exclusion. This option is available to claimants who don't have any new evidence to present. It can be completed within one hundred and fifty days.

Second, you can file a Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be new and relevant. It could also include non-medical evidence, like lay statements. These are statements that are sworn by those who know how your disability affects. This type of appeal must be submitted within one year after a decision.

A third option is to submit a formal appeal to the Board of Veterans disability law Firms Appeals. This is done by submitting a VA Form 21-0958 or a Notice of Disagreement. Once the appeal is filed the regional office will draft an Statement of the Case or SOC that will outline the laws and regulations that were used to reach the decision, as well as a list of the evidence taken into consideration and will 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 from the BVA is confirmed. This is the most challenging option and is costly, but it is the only option to obtain an appropriate outcome for your client.

What is the cost a lawyer will Charge for appeals?

A seasoned disability attorney brings clarity to the appeals process. They can quickly determine what is missing from your initial claim to be eligible for review. They will also help you determine the best method to appeal the decision. The task involves analyzing the reasons behind refusal, helping you create medical evidence to back your case and presenting the evidence in a correct manner.

If a judge decides that a disabled veteran must pay alimony or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a law that is well-known and there are penalties for ignoring an order of a court.

A recent settlement of a class action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a number of veterans disability attorney previously 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 Medicaid payments. Jim wants to know whether his $100,000 settlement will impact his ability to receive these benefits. Jim knows that he needs to show that he is in need of the monthly Pension payment, but he is wondering how he can reduce the impact on other income sources.