A Positive Rant Concerning Veterans Disability Claim

manteno veterans Disability law firm Disability Litigation

A lawyer can assist veterans file an initial disability claim or contest an VA decision on the claim. But, the law in place today prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied benefits due to PTSD, and a discharge that was not favorable. The VA has a lengthy appeals process to making amends to any decision that is not favorable.

What Is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit to pay for things like housing assistance and medical care. Dependency and Indemnity Compensation provides the parents, spouses and children of Service members who have passed away on active duty or due to disability related to service.

Tinnitus is by far the most frequently reported disorder. This is a symptom that occurs when you hear a ringing, hissing buzzing or other sounds from one or both ears and can only be heard by you, as opposed to others who also suffer from it.

Sciatica is one of the more common conditions. It can occur when a herniated disk or bone spur puts pressure on the sciatic nerve which runs from your lower back through your buttocks and hips, and down each leg. Lower legs and buttocks can be affected by the discomfort and the sensation of numbness.

The third most straightforward condition to be eligible for is Post Traumatic Stress Disorder (PTSD). This is when you experience repeated nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about an event that happened in your military service. A convincing proof of the claim accompanied by the stressor that occurred during service can help you receive the PTSD rating you deserve. A traumatic head injury is the fourth most straightforward condition to qualify for and is usually associated with the PTSD diagnosis.

How do I submit a claim for VA Disability?

To file a claim you'll need to go through some steps. First, you need to submit medical evidence, such as a doctor's opinion, lab reports and X-rays to prove that your condition falls within the VA's definition of disability. It is generally beneficial to get a lawyer to gather this medical evidence and include it in your initial application so that the VA can process it faster.

Then, [empty] you have to pass a Compensation and Pension (C&P) exam. This is conducted by an federal VA rater who will review your physical and psychological symptoms to determine whether or not you are eligible for disability benefits. You should have all the necessary documentation in order to increase your chances of obtaining benefits.

You will receive a letter of determination when the C&P examiner has reviewed your medical evidence and completes the exam. The letter will include an introduction, a determination of your disability and the amount as well as a list and the description of all medical evidence considered and the reasons for their decision.

If your claim is denied or you receive a rating that does not provide you with all the ailments you are suffering from, our firm can assist in the appeals process. We can assist you in appealing a denial of your claim through the preparation of a comprehensive appeal.

What can I do to challenge a VA Decision?

VA provides three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and determine whether the original decision can be changed due to a difference of opinion or an error made. This is a possibility for those who do not have new evidence to provide. It can be completed in the 125 days.

The second alternative is to make an Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it must be new and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn declarations from people who know how your disability affects you). This type of appeal should be made within a year of a decision.

Another option is to file a formal appeal with the Board of Veterans Appeals. This involves 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 contain a list of the evidence taken into consideration, the laws and regulations utilized in making the decision, as well as the reasons why the decision was favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most expensive and difficult path, but it may be the only way to get a fair outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A good veteran disability attorney will help you understand the appeals process. He or she can quickly identify what was missing from your initial claim to be eligible to be reviewed and help you decide the best method to appeal a decision. The job includes examining the reasons behind the denial, helping you to develop medical evidence to prove your case and presenting the evidence in a way that is appropriate.

If a court or a judge orders a disabled veteran 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. It is a widely accepted law, and there are penalties when you do not comply with the court order.

A recent settlement in a class action lawsuit could be a huge victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of worthington veterans disability law firm previously denied disability benefits.

Jim is a 58-year veteran who had a stroke which left him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim is curious to know whether his $100,000 settlement will impact his ability to receive these benefits. Jim recognizes that he must prove that he has the financial need to continue receiving the monthly pension payment but wonders what can be done to minimize the impact on other sources of income.