9 Lessons Your Parents Taught You About Veterans Disability Claim
Veterans Disability Litigation
A lawyer can help veterans disability law firm file an initial disability claim or contest a VA decision on the claim. At present, lawyers aren't allowed to charge fees for initial claims.
Monk claims that the VA refused to grant him benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals process to fixing any erroneous decisions.
What is an VA Disability Claim (VAD)?
A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) provides the parents, spouses and children of deceased Service members in active duty or from service-related disabilities.
The most common condition to establish is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear hissing, ringing, buzzing, or other sounds in one or both ears and can only be heard by you, as opposed to those who have it.
Sciatica is among the more common conditions. Sciatica can occur when a herniated disk or bone spur compresses the sciatic nerve. This nerve is located in the lower part of your spine through your hips, buttocks, and down your legs. The buttocks and lower legs may be affected by pain and numbness.
Post Traumatic Stress (PTSD) is the third most common condition that you can be able to qualify for. This occurs when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts about an incident that happened in your military service. You can get the PTSD rating you deserve by making a strong claim and citing a stressful incident that occurred during your military service. A traumatizing brain injury is the 4th most common condition to be considered for and usually accompanies a PTSD diagnosis.
How do I file a VA Disability Claim?
To file a claim you'll need to follow some steps. You must first present medical evidence, like the opinion of a doctor, lab results and X-rays, to prove that your condition is within VA's definition of disability. It is generally beneficial for a lawyer to collect the medical evidence and provide it as part of your initial application, so that the VA can process it faster.
Then, you must undergo an exam called Compensation and Pensions (C&P). A federal VA rater will administer this exam. They will evaluate your physical and emotional symptoms in order to determine if you qualify for disability benefits. You should have all the necessary documentation to increase your chances of obtaining benefits.
You will receive a decision letter once the C&P examiner reviews your medical evidence and completes the examination. The letter will contain an introduction, the determining of your disability, the amount of disability, a listing and a an explanation of the medical evidence that was considered and the reasons behind their decision.
Our firm can assist you with the appeals process in case your claim was denied or you've received a rating that does not adequately compensate you for the ailments you're experiencing. We can assist you in appealing an appeal against a denial by preparing an extensive appeal.
How can I contest a VA decision?
VA provides three options to those who are dissatisfied with a decision. First, a Senior Reviewer will look over the same evidence and determine if the original decision can be changed due to a change of opinion or exclusion. This is an excellent alternative for a claimant who does not have new evidence to show and it can be completed in one hundred and fifty days.
Second, you can submit an Supplemental Claim. This is an appeal where a veteran can add new evidence but it has to be relevant and new. It could also include non-medical evidence, such as lay statements. These are sworn statements by people who understand the way your disability affects. This type of appeal should be made within a year after a decision.
Another option is to file a formal appeal with the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the case) once the appeal is filed. It will listing of the evidence that was taken into consideration, the laws and regulations that were used to make the decision, and the reasons behind why the decision was favorable, unfavorable or indeterminate.
If the BVA decision is affirmed and the BVA decision is upheld, the last option is to appeal the case to a federal appeals court. This is the most costly and time-consuming option, but it could be the only way to get a fair result for your client.
How much will a lawyer charge for an appeal?
A skilled veteran disability lawyer brings clarity to the appeals process. They'll quickly identify what is lacking from your claim, making it eligible for review and help you determine the best way to appeal a decision. Reviewing the reasons for denial, assisting you in creating medical evidence to support your claim, and presenting your evidence in a proper manner is all part of the job.
If a judge or a judge orders a disabled veteran pay court-ordered alimony or child support, that veteran cannot ignore the order and continue to collect VA compensation benefits. This is a well-recognized law and there are penalties for ignoring 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 allow thousands veterans who previously had to be denied disability benefits, receiving lifetime benefits.
Jim is a 58 year old veteran who suffered 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 how his anticipated $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he needs to prove that he has the financial need to continue receiving the monthly Pension payment but wonders what can be done to minimize the impact on his other sources of income.