10 Meetups About Veterans Disability Claim You Should Attend

Veterans Disability Litigation

A lawyer can assist veterans file an initial claim for disability benefits or contest the validity of a VA decision. However, current law prevents lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied his claims for benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals process for correcting any unfavorable decisions.

What Is an VA Disability Claim?

A VA disability claim is a form of application for tax-free monthly benefits. Compensation is a cash benefit to cover things like housing assistance and medical care. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses and children of Service members who die 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 a ringing in your ears, hissing or buzzing sounds, or other sounds however, you are unable to hear them.

Sciatica is one of the more common conditions to diagnose. It happens when a herniated disk or bone spur causes compression of the sciatic nerve which runs from your lower back, through your buttocks and hips as well as down each leg. Numbness and pain are felt in the buttocks and lower legs as well as the feet and can be severe.

Post Traumatic Stress (PTSD) is the third condition that is easy to be considered for. It is possible to experience recurring nightmares or extreme anxiety or depression, or an uncontrollable thoughts about an incident that happened during your military service. You can achieve the PTSD rating you merit by making a solid claim and citing a stressful incident that took place during your time of service. A traumatizing brain injury is the most simple condition to qualify for and typically comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you need to follow a few steps. You must first provide medical evidence, like a doctor’s opinion or lab results, as well as X-rays, to prove that your condition is in line with VA's definition of disability. It is often beneficial to have your lawyer gather and submit this medical evidence as part of the initial filing so that it can be easier to process by the VA.

Next, you must undergo an Compensation and Pension (C&P) test. This is conducted by a federal VA rater who will examine your physical and medical conditions to determine whether or not you are eligible for disability benefits. It's crucial to have required documentation prior to taking the test so that you maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has examined the medical evidence you submitted and has completed the examination you will be issued an official decision letter. This will contain an introduction, a decision of your disability classification and specific amount, a listing of the medical evidence they reviewed and a brief description of any reasons they decided against the decision.

Our firm can assist you in completing the appeals process if your claim has been denied or you've received a rating which does not adequately compensate you for the ailments you're experiencing. We can determine the reasons behind why your claim was denied and then prepare a thorough and strategic appeal to settle the matter in your favor.

How can I challenge a VA Decision?

VA has three routes to follow when a claimant is not happy with a decision. First a Senior Reviewer can review the same evidence and determine whether the original decision is likely to alter based on a divergence of opinion or an exclusion. This option is available to those who don't have new evidence to present. The process can be completed in the 125 days.

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

A third alternative is to file a formal appeal with the Board of veterans disability lawsuits Appeals. This is done by submitting the VA Form 21-0958 and a Notice of Disagreement. The regional office will prepare an SOC (Statement of the case) when the appeal is filed. This will include a list of evidence considered, the regulations and laws used to make the decision, and the reasons for why the decision was favorable, not favorable, or indeterminate.

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

What is the cost a lawyer will charge for an appeal?

A good veteran disability attorney can help you understand the appeals process. They'll quickly identify what is lacking from your claim, making it eligible to be reviewed and assist you in deciding the best way to appeal a decision. The job entails analyzing the reasons behind refusal, helping you create medical evidence to support your case and presenting the evidence in a proper way.

If a court or a judge orders a disabled veteran pay alimony or child support, the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and there are consequences for violating 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 lawyers who were previously denied disability benefits.

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