9 Lessons Your Parents Taught You About Veterans Disability Claim
Veterans Disability Litigation
A lawyer can assist a veteran to start a claim for disability, or challenge a VA decision. At present, lawyers aren't allowed to charge fees for initial claims.
Monk claims that the VA denied him benefits based on PTSD and a discharge that was not favorable. The VA has a long appeals procedure to rectify any unfavorable decisions.
What is an VA Disability Claim?
A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an income-based benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) provides the spouses, children and parents 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 sign that manifests when you hear a ringing in your ears, a hissing sound, buzzing sounds, or any other sounds, but only you can hear them.
Sciatica is another one of the most common conditions to qualify for. It is caused by an injury to the disk or bone spur causes compression of the sciatic nerve which runs from your lower back to your buttocks and hips, and down each leg. The lower and buttocks can be affected by pain and numbness.
The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). You may experience recurring nightmares, extreme anxiety or depression, or an uncontrollable thoughts about an incident that occurred during your military service. A convincing defense of the claim with an event that caused stress in the course of service can help get the PTSD rating you are entitled to. A traumatic brain injury is the easiest 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 some steps. First, you need to submit medical evidence such as medical opinions or lab reports, X-rays and lab reports to prove that your condition is within the VA's definition of disability. It is often helpful to have a lawyer collect this medical evidence and submit it with your initial application so that the VA can review it faster.
You will then have to undergo an exam called Compensation and Pensions (C&P). A federal VA rater will conduct this test. They will assess your symptoms and physical condition in order to determine whether you are eligible for disability benefits. It is crucial to have the required documentation prior to taking the exam to maximize your chances of obtaining the benefits you deserve.
After the C&P examiner has looked over the medical evidence you submitted and has completed the exam you will receive the decision letter. This letter will include an introduction, the determining of your disability and the amount of disability, a listing and a description of all medical evidence that was considered and the reasons behind their decision.
If your claim is denied or you receive an unjustified rating that doesn't provide you with all the ailments you suffer from, our firm will assist you in appealing the decision. We will determine the reason for the reason your claim was denied and then prepare a thorough and strategic appeal to resolve the matter 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 review the same evidence to determine whether the original decision could alter based on a divergence of opinion or omission. This is an option for claimants who don't have any new evidence to support their claim. The process can be completed in one hundred and fifty days.
Then, you can file an Supplemental Claim. It is an appeal in which veterans disability lawyer can add new evidence, but it must be relevant and new. It can also include nonmedical evidence, like lay statements. These are sworn statements by those who know how your disability affects you. This type of appeal must be made within a year of a decision.
Another alternative is to file a formal appeal with the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) once the appeal is filed. This will comprise a list evidence that was considered, the regulations and laws used to arrive at the decision and the reasons for why the decision was favourable, unfavorable or indeterminate.
The final option is to appeal to a federal court if the decision from the BVA is upheld. This is the most difficult option and can be expensive, but it is the only option to obtain an appropriate outcome for your client.
What is the cost a lawyer will Charge for appeals?
A skilled veteran disability attorney provides clarity to the appeals process. They can quickly determine what was missing from your initial claim to be eligible for review. He or she will help you decide the best method to appeal the decision. The job involves analyzing the reasons behind the denial, helping you to develop medical evidence to prove your case and presenting the evidence in a correct manner.
If a court orders that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran can't ignore the order and continue receive VA compensation benefits. This is a widely-recognized law and there are penalties in the event of a violation of the order of a judge.
A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will result thousands of veterans who previously were not eligible for disability benefits to receive lifetime benefits.
Jim is a 58 year old veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim would like to know how his expected $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he has to show that he is in need of the monthly Pension payment, but he's not sure what he can do to minimize the impact on other income sources.