9 Things Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help veterans file an initial claim for disability or challenge the validity of a VA decision. But, the law in place today prohibits lawyers from charging for assistance with an initial claim.

Monk claims that the VA denied benefits due to PTSD and an unfavourable discharge. favorable. The VA has a lengthy appeals procedure for correcting 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 unpaid 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 Service members who die during active duty or from service-related disabilities.

Tinnitus is the #1 most commonly reported condition. This symptom occurs when you notice a hissing, ringing buzzing, or other sounds coming from one or both ears. The sound is only heard by you, and not to those who have it.

Sciatica is one of the more common conditions to qualify for. Sciatica can occur when a herniated disk or bone spur puts pressure on the sciatic nerve. The sciatic nerve is located in your lower spine to your buttocks, hips and down your legs. Numbness and pain are felt in the buttocks, lower legs, and feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third easiest condition to be able to qualify for. It's when you have constant nightmares, extreme anxiety or depression or uncontrollable thoughts about a specific event that took place during your military service. A convincing defense of the claim accompanied by the stressor that occurred during your service can help you to get the PTSD rating you merit. Traumatic head injuries are the fourth easiest condition to get a rating for, and it usually comes with the PTSD diagnosis.

How Do I File a VA Disability Claim?

In order to file a claim, you'll need to follow some steps. You must first provide medical evidence, such as a doctor’s opinion and lab results, or X-rays, to show that your condition is within VA's definition of disability. It's often helpful to have your lawyer collect the medical evidence as part of your initial filing so that it can be more easily processed by the VA.

Next, you must undergo another Compensation and Pension (C&P) test. This is conducted by an official from the federal VA rater who will review your physical and psychological symptoms to determine if you qualify for disability benefits. It's important to have the necessary documentation prior to undergoing this exam to maximize your chances of obtaining the benefits you deserve.

You will receive a letter of decision after the C&P examiner reviews the medical evidence you submitted and has completed the examination. It will contain an introduction, a determination of your disability classification and the exact amount, a list of the medical evidence they considered and a statement of any reasons why they did not choose the decision.

If your claim is rejected or you receive an unjustified rating that doesn't pay for all the ailments you are suffering from, our firm can assist with the appeals process. We can help you appeal a denial of your claim through the preparation of a comprehensive appeal.

How can I contest a VA decision?

VA has three avenues to choose from when a person is not happy with a decision. First a Senior Reviewer can look over the same evidence and determine if the original decision can alter based on a divergence of opinion or exclusion. This is an option for those who do not have new evidence to prove. The process can be completed within one hundred and fifty days.

The other alternative is to file an Supplemental Claim. It is an appeal where a veteran may add new evidence, but it must be new 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 should be filed within one year from the date of a decision.

Another alternative 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) once the appeal has been filed. This will comprise a listing of the evidence that was considered, the laws and regulations that were used to arrive at the decision and the reasons 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 difficult path and may be costly, however it could be the only way to ensure the best possible 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. He or she will swiftly determine what is missing from your claim, making it eligible for review and assist you in deciding the best way to appeal a ruling. The job entails analyzing the reasons for refusal, helping you create medical evidence to support your case, and presenting the evidence in a professional manner.

If the court orders a disabled veteran pay alimony or child maintenance, the veteran cannot ignore the order and continue receive VA compensation benefits. It is a widely accepted law and there are consequences when you do not comply with the court order.

A recent settlement of a class action lawsuit could be a significant win for veterans disability attorney with PTSD. Medical News Today reports the settlement will allow thousands of veterans disability who were previously denied disability benefits from receiving lifetime benefits.

Jim is a 58 year veteran who had a stroke that rendered him permanently disabled. He has a Pension benefit 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 is aware that he must to show that he is in need of the monthly Pension payment, but he wonders how he could minimize the impact on his other income sources.