A Good Rant About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help a veteran to submit an initial claim for disability, or contest a VA decision. However, the law currently prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk claims that the VA denied his claims for benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure for making amends to any decision that is not favorable.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash payment to cover expenses such as medical care and housing assistance. Dependency and Indemnity Compensation provides an amount of money to parents, spouses and children of service members who have passed away on active duty or because of service-related injuries.

The most straightforward condition to prove is Tinnitus (ringing in the ear). This is a symptom that occurs when you notice a hissing, ringing buzzing, or other sounds coming from the ear of one or both and can only be heard by you, and not to others who also have it.

Sciatica is one of the conditions that is easier to be diagnosed with. Sciatica happens due to a herniated disc, or bone spur can compress your sciatic nerve. This nerve runs from the lower part of your spine through your buttocks, hips, and down your legs. The lower legs and buttocks are susceptible to being affected by discomfort and numbness.

The most common condition you can be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This is when you experience frequent nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event that happened in your military service. A convincing argument in support of the claim using the source of the stressor in the course of service can help achieve the PTSD rating you are entitled to. A brain injury that is traumatic is the 4th most common condition to be eligible for and usually accompanies an PTSD diagnosis.

How Do I File a claim for VA Disability?

There are a variety of steps that must be taken to file a claim. First, you must provide medical evidence, such as a doctor's opinion or lab reports, X-rays and lab reports to prove that your condition is within the VA's definition of disability. It is often beneficial to have your lawyer gather and submit this evidence as part of your initial filing to ensure that it is easier to process by the VA.

You will then have to undergo an exam called Compensation and Pensions (C&P). This will be performed by a federal VA rater who will evaluate your physical and psychological symptoms to determine if 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.

Once the C&P examiner has reviewed your medical evidence and completed the exam you will be issued a decision letter. This will contain an introduction, a declaration of your disability status and the specific amount, a list of the medical evidence they reviewed and a list of any reasons why they decided against you in deciding.

If your claim is rejected or you are awarded a rating that does not cover all of the ailments you are suffering from, our company can assist you in appealing the decision. We can analyze the reasons for the reason for the denial and draft a thorough and strategic appeal to end the matter in your favor.

How do I challenge a VA Decision?

VA has three routes to take when a claimant is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence over again and decide if the original decision can be changed based on difference of opinion or an error that was made. This is a good option for a claimant who does not have any new evidence to submit and can be completed in 125 days.

The other alternative is to make a Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it must be new and relevant. It could also include non-medical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects. This appeal has to be filed within one year following a decision.

Another option is to submit a formal appeal to the Board of veterans disability lawsuits disability law firms - comunidadeqm.marcelodoi.com.br - Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will prepare a Statement of the Case or SOC that will outline what laws and regulations were utilized in determining the decision, as well as a list of the evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most difficult route and can be expensive, but it is the only method to get an equitable outcome for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can help to clarify the appeals procedure. They'll quickly identify what is lacking from your claim to make it eligible to be reviewed and help you determine the best way to appeal a decision. The job involves analyzing the reasons behind denial, helping you develop medical evidence to support your case and presenting your evidence in a proper way.

If a judge orders a disabled veteran to pay alimony ordered by the court or child support, the veteran cannot ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are penalties for breaking an order of a court.

A recent settlement in a class-action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports the settlement will result thousands of veterans who had previously been denied disability benefits to receive lifetime benefits.

Jim is a 58-year veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim would like to know how the anticipated $100,000 settlement will impact his eligibility for these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly pension payment, but is wondering what can be done to reduce the effect on his other sources of income.