11 Ways To Fully Defy Your Veterans Disability Claim

veterans disability attorneys Disability Litigation

Lawyers can assist veterans file a first disability claim or contest an VA decision regarding the claim. However, current law prohibits lawyers from charging for assistance with a claim for the first time.

Monk claims that the VA denied him benefits based on PTSD, and an unfavourable discharge. favorable. The VA has an extensive appeals process to correct any unfavorable determinations.

What is a VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses, and children of service members who have died while on active duty or as a result of disability related to service.

The most straightforward condition to be diagnosed with is Tinnitus (ringing in the ear). It is a symptom that manifests when you hear ringing in your ears, hissing, buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is among the most frequently encountered conditions. It occurs when an injury to the disk or bone spur can compress the sciatic nerve which runs from your lower back, through your hips and buttocks and down each leg. The lower legs and buttocks are susceptible to being affected by discomfort and feeling of numbness.

The easiest condition to be eligible for is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety, depression, or an uncontrollable thoughts about an incident that occurred during your military service. You can obtain the PTSD rating you deserve by making a strong claim and citing a stressful event that happened during your service. A traumatic brain injury is the 4th most common condition to qualify for and is usually associated with an PTSD diagnosis.

How Do I File a VA Disability Claim?

In order to file a claim, you must follow certain steps. You must first submit medical evidence, like a doctor’s opinion or lab results, as well as X-rays, to show that your condition meets VA’s definition of disability. It is a good idea to get a lawyer to gather this medical evidence and include it in your initial application, so that the VA will be able to process it faster.

Then, you have to pass the Compensation and Pension (C&P) exam. A federal VA rater will take this test. They will evaluate your physical and psychological symptoms to determine if you are eligible for disability benefits. It's important to have the appropriate documentation prior to taking this exam so that you can maximize your chances of receiving the benefits you deserve.

You will receive a decision letter once the C&P examiner has reviewed your medical evidence and passes the examination. This letter will include an introduction, a determination of your impairment and the amount as well as a list and description of all medical evidence that was considered and the reasons for their decision.

If your claim is rejected or you receive a rating that does not compensate you for all of the ailments you suffer from, our firm can assist with the appeals process. We will determine the reason for the reason for the denial and draft a thorough and strategic appeal that will resolve the issue to your satisfaction.

What can I do to challenge a VA decision?

VA provides three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence over again and determine whether the original decision is valid due to a difference of opinion or an error that was made. This is a viable alternative for a claimant who does not have any new evidence to provide and can be completed within 125 days.

The second option is to submit an Supplemental Claim. This is an appeal where veterans can provide new evidence, but it has to be fresh and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn statements from people who understand how your condition affects you). This type of appeal must be made within a year from the date of a decision.

Another option is to file a formal appeal with the Board of Veterans Appeals. This is done by filing an VA Form 21-0958, also known as a Notice Of Disagreement. After the appeal has been filed, the regional office will draft an Statement of the Case or SOC which will describe what laws and regulations were used in reaching the decision, along with a list of the evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court in the event that the decision of the BVA is confirmed. This is the most difficult route and can be expensive, but it could be the only method to get the best possible outcome for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can help to clarify the appeals procedure. He or she will swiftly identify what is lacking from your claim, making it eligible for review and help you decide on the best way to appeal a ruling. Examining the reasons behind the denial, assisting you in making medical evidence to back your claim, and presenting this evidence in a way that is appropriate is all part of the job.

If the court orders that a disabled veteran pay alimony or child maintenance the veteran is not able to ignore this order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for ignoring the court's order.

A recent settlement of a class action lawsuit may be a major win for veterans disability attorney with PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously were not eligible for disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who had an injury to the brain that left him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim wants to know whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he needs to show that he is in need of the monthly Pension payment, but he's wondering how he can reduce the impact on other income sources.