9 Lessons Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

Lawyers can assist veterans file an initial disability claim or challenge an VA decision on the claim. Currently, lawyers are not allowed to charge for the initial claims.

Monk claims that the VA denied him benefits based on PTSD, and the discharge was not favorable. The VA has an extensive appeals process for fixing any erroneous decisions.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation provides a cash payment to pay for things like housing and medical treatment. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to spouses, children and parents of service members who have died in active duty or through service-related injuries.

Tinnitus is by far the most frequent ailment. This is a symptom that occurs when you hear ringing, hissing, buzzing or other sounds in one or both ears. The sound can only be heard by you, as opposed to those who have it.

Sciatica is another one of the most common conditions to diagnose. 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. Numbness and pain are felt in the buttocks, lower leg and feet and can be severe.

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 a specific event which occurred during your military service. You can achieve the PTSD rating you are entitled to by making a compelling claim and citing a stressful event that occurred during your service. A head injury that is traumatic is the fourth most straightforward condition to get a rating for and is usually associated with a PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you'll need to follow a few steps. The first step is to submit medical evidence such as medical opinions or lab report, as well as X-rays to prove that your condition meets the VA's definition of disability. It's often helpful to have your lawyer gather and submit this evidence as part of your initial filing to ensure that it is more easily processed by the VA.

Next, you must undergo an Compensation and Pension (C&P) exam. It will be administered by an official from the federal VA rater who will review your physical and medical conditions to decide whether or not you qualify for disability benefits. It's important to have the appropriate documentation prior to taking this exam so that you can maximize your chances of receiving the benefits you deserve.

After the C&P examiner has reviewed your medical evidence and completed the exam and analyzed your medical evidence, you will receive the decision letter. It will include an introduction, a decision of your disability rating and specific amount, a listing of the medical evidence they reviewed and a brief description of any reasons they decided against you in deciding.

Our firm can help you in the appeals process if your claim has been rejected or if you've received a rating that does not compensate you adequately for the ailments you're experiencing. We will determine the reason for the reason your claim was denied and craft a comprehensive and strategic appeal to end the issue in your favor.

How do I challenge a VA decision?

VA has three avenues to consider when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence and determine whether the original decision is valid because of a difference of opinion or an error made. This is a viable option for a claimant that doesn't have new evidence to present and it can be completed in 125 days.

The second option is to file an Supplemental Claim. This is an appeal process where veterans can provide new evidence, but it has to be original and relevant. It can also include nonmedical evidence, like lay statements. These are statements that are sworn 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 Appeals. This is done by submitting an VA Form 21-0958 or a Notice Of Disagreement. Once the appeal has been filed the regional office will prepare an Statement of the Case or SOC which will detail the laws and regulations that were used to make the decision, along with a list of evidence considered, and it will also explain the reasons behind 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 difficult and expensive route, but it might be the only option to ensure a fair outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals process. They can quickly determine what was missing from your initial claim to make it eligible for review. He or she will help you decide the best method to appeal an appeal. Scrutinizing the reasons for the rejection, and assisting you with developing medical evidence to support your claim, and presenting this evidence in a way that is appropriate is all essential to the job.

If a judge requires a disabled veteran to pay court-ordered alimony or child support, the veteran isn't allowed to ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are consequences for breaking an order of a court.

A recent settlement of a class action lawsuit may be a major win for veterans disability with PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously had to be not eligible for disability benefits to receive lifetime benefits.

Jim an 58-year-old veteran, suffered an stroke that made him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim is aware that he must to show that he is in need of the monthly Pension payment, but he is wondering how he could minimize the impact on his other income sources.