11 Strategies To Refresh Your Veterans Disability Claim

Veterans Disability Litigation

A lawyer can assist a veteran to file an initial claim for disability or contest a VA decision. However, the law currently prohibits lawyers from charging for assistance with an initial claim.

Monk claims that the VA denied him benefits based on PTSD and a discharge that was not favorable. The VA has a lengthy appeals procedure for fixing any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is cash benefits that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers the spouses, children and parents of deceased Service members in active duty or through service-related injuries.

Tinnitus is by far the most common disability. It is a condition that manifests when you hear sounds ringing in your ears, hissing or buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is one of the most common ailments. Sciatica occurs when a herniated disc or bone spur puts pressure on the sciatic nerve. This nerve runs from your lower spine, through your buttocks, hips, and down your legs. The numbness and pain can be felt in the buttocks and lower legs as well as the feet, and can be very severe.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be eligible for. It is a condition that occurs when you experience constant nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about a specific event which occurred during your military service. A convincing proof of the claim accompanied by a stressor that occurred during service can help you achieve the PTSD rating you are entitled to. A head injury that is traumatizing is the fourth easiest condition to qualify for, and it usually comes with a PTSD diagnosis.

How do I submit a claim for VA Disability?

To file a claim you'll need to go through a few steps. First, you must submit medical evidence like the opinion of a doctor or lab report, as well as X-rays to establish that your condition falls within the VA's definition of disability. It's often helpful to have your lawyer gather and submit this evidence in the initial filing so that it can be easier to process by the VA.

You then need to go through an examination for Compensation and Pensions (C&P). This will be performed by an official from the federal VA rater who will examine your symptoms and physical condition to determine if you are eligible for disability benefits. It is crucial to have the appropriate documentation prior to taking this test to maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has examined the medical evidence you submitted and has completed the exam, you will receive a decision letter. The letter will contain an introduction, a determination of your disability and amount of disability, a listing and a details of all medical evidence they considered as well as any reasons for their decision.

If your claim is rejected or you receive a rating that doesn't compensate you for all of the ailments you suffer from, our company can assist you in appealing the decision. We can assist you in appealing the denial of your claim by preparing a comprehensive appeal.

How can I challenge a VA decision?

VA offers three options for applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence and determine whether the original decision can be changed due to a difference of opinion or an error that was made. This option is available to claimants who don't have any new evidence to present. It can be completed in about 125 days.

The other option is to file a 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 could also include non-medical evidence such as lay statements (sworn statements of people who understand how your condition affects you). This type of appeal must be filed within one year after the date of a decision.

Thirdly you can make a formal complaint to the Board of veterans disability lawsuit Appeals. This is done by submitting a VA Form 21-0958 or a Notice of Disagreement. The regional office will prepare an SOC (Statement of the case) when the appeal has been filed. This will include a listing of the evidence that was taken into account, the regulations and laws used to make the decision, and the reasons behind why the decision was favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court if the decision of the BVA is upheld. This is the most difficult path and can be expensive but it is the only way to get a fair result for your client.

What is the cost a lawyer will Charge for Appeals?

A skilled veteran disability lawyer brings clarity to the appeals process. They will quickly determine what is missing from your claim, making it eligible to be reviewed and assist you in deciding the best method to appeal a ruling. The job entails analyzing the reasons for denial, assisting you in preparing medical evidence to support your claim and presenting the evidence in a way that is appropriate.

If a court orders that disabled veterans pay alimony or child maintenance, the veteran cannot ignore this order and continue to receive VA compensation benefits. It is a widely accepted law and carries a penalty for violating the order of a judge.

A recent settlement in a class action lawsuit could be a major victory for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of veterans disability Law firms who had previously been denied disability benefits.

Jim, a 58-year-old veteran was struck by a stroke and left him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim is interested in knowing whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim is aware that he must to prove that he's in need of the monthly Pension payment, but he wonders how he can minimize the impact on other income sources.