10 Meetups About Veterans Disability Claim You Should Attend
Veterans Disability Litigation
Lawyers can assist a veteran file an initial disability claim or challenge a VA decision regarding 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 a long appeals procedure to rectify any erroneous determinations.
What is what is a VA Disability Claim (VAD)?
A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit to cover things like housing assistance and medical care. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to spouses, children and parents of Service members who died during active duty or from their service-connected disabilities.
Tinnitus is by far the most common disability. It is a symptom that can be experienced when you hear a ringing in your ears, a hissing sound, buzzing sounds, or any other sounds however, you are unable to hear them.
Sciatica is one of the more common conditions to be diagnosed with. Sciatica happens when a herniated disk or bone spur can compress the sciatic nerve. This nerve is located in the lower part of your spine through your buttocks and hips and down your legs. The buttocks and lower legs can be affected by the discomfort and the numbness.
Post Traumatic Stress (PTSD) is the third easiest condition to be eligible for. It is possible to experience recurring nightmares or extreme anxiety or depression, or a recurring thought about an event that occurred during your military service. You can earn the PTSD rating that you merit by making a solid claim and citing a stressful incident that occurred during your service. A brain injury that is traumatic is the easiest condition to be eligible for and typically comes with the PTSD diagnosis.
How do I file a claim for VA Disability?
There are a variety of steps to follow to make a claim. You must first submit medical evidence, like a doctor’s opinion, lab results and X-rays to prove that your condition meets VA’s definition of disability. It's usually helpful to have your lawyer gather and submit this evidence in your initial application to ensure that it is more easily processed by the VA.
Then, you must undergo an examination for Compensation and Pensions (C&P). A federal VA rater will administer this test. They will assess your physical and emotional symptoms to determine if you're eligible for disability benefits. It's important to have the appropriate documentation prior to taking this exam to maximize your chances of receiving the benefits you deserve.
Once the C&P examiner has assessed the medical evidence you submitted and has completed the examination, you will receive a decision letter. This letter will contain an introduction, the determining of your disability, the amount, a list and an explanation of the medical evidence considered as well as any reasons for their decision.
If your claim is rejected or you are awarded an amount that does not pay for all the symptoms that you are suffering from, our firm can assist with the appeals process. We can determine the reasons behind the reasons for your claim being denied and craft a comprehensive and strategic appeal to end the issue in your favor.
What can I do to challenge a VA decision?
VA provides three options to claimants who disagree with the decision. First an Senior Reviewer will look over the same evidence and determine whether the original decision could be changed due to a change of opinion or an error. This option is available to those who do not have new evidence to present. The process can be completed within about 125 days.
The second alternative is to submit a Supplemental Claim. This is an appeal in which a veteran can add new evidence, however it must be to be original and relevant. It could also include non-medical evidence, such as lay statements. These are statements that are sworn by those who know how your disability affects you. This type of appeal must be filed within a year following the decision.
Another option is to file a formal appeal with the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) after the appeal has been filed. It will list evidence that was taken into consideration, the laws and regulations used in making the decision, as well as the reasons behind why the decision was favorable, not favorable, or indeterminate.
The final option is to appeal to a federal court if the decision from the BVA is upheld. This is the most expensive and difficult route, but it might be the only way to obtain a fair decision for your client.
How Much Will a Lawyer Charge for appeals?
A skilled veteran disability attorney will help you understand the appeals process. He or she can quickly determine what was missing from your initial claim to allow it to be reviewed and help you determine the best method to appeal the decision. The job entails analyzing the reasons for denial, assisting you in preparing medical evidence to back your case and presenting your evidence in a proper way.
If a judge requires a disabled veteran to pay alimony, alimony that was ordered by a court, or child support, that veteran cannot ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and carries a penalty for violating an order of a court.
A recent settlement of a class action lawsuit may be a significant win for veterans disability lawsuit Disability Law Firms (Kinglish.Com) with PTSD. Medical News Today reports the settlement will allow thousands of veterans who were previously denied disability benefits, receiving lifetime benefits.
Jim the veteran, who is 58 years old had a stroke that rendered him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim is interested in knowing if his $100,000 settlement will affect the ability to receive these benefits. Jim realizes that he has to show that he is in need of the monthly pension payment, but he is wondering how he could minimize the impact on other income sources.