9 Things Your Parents Taught You About Veterans Disability Claim

Veterans Disability Litigation

Lawyers can assist a veteran file an initial disability claim or challenge an VA decision regarding the claim. Currently, lawyers are not allowed to charge fees for initial claims.

Monk claims that the VA denied his claim for benefits because of PTSD and an unfavorable discharge. The VA offers a comprehensive appeals process to correct any erroneous decisions.

What Is a VA Disability Claim?

A VA disability claim is an application for tax-free monthly benefits. Compensation is an unpaid benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation provides cash payments to parents, spouses, and children of Service members who have died while on active duty or due to service-related injuries.

The most common condition to establish is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear ringing, hissing, buzzing, or other sounds in one or both ears and is only heard by you, and not to those who have it.

Sciatica is another of the easier conditions to be diagnosed with. It occurs when a herniated disk or bone spur compresses the sciatic nerve, which runs from your lower back, through your buttocks, hips and down each leg. The lower legs and buttocks are susceptible to being affected by pain and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to qualify. It's when you have repeated nightmares, extreme anxiety or depression or uncontrollable thoughts regarding a specific incident that happened in your military service. A convincing proof of the claim with the stressor that occurred during service can help you achieve the PTSD rating you merit. A traumatizing brain injury is the fourth most straightforward condition to qualify for and typically comes with the PTSD diagnosis.

How do I submit a claim for VA Disability?

To file a claim you must follow some steps. You must first provide medical evidence, such as medical opinion from a physician or lab results, as well as X-rays, to prove that your condition is in line with VA's definition of disability. It's usually beneficial to have your lawyer collect the medical evidence and submit it as part of your initial application so that it can be easier to process by the VA.

You then need to go through a Compensation and Pensions (C&P). A federal VA rater will perform this exam. They will evaluate your physical and psychological symptoms in order to determine if you are eligible for disability benefits. It's crucial to have appropriate documentation prior to taking this exam to maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has assessed your medical evidence and completed the examination you will be issued an official decision letter. This letter will contain an introduction, the decision of your disability and amount as well as a list and description of all medical evidence that was reviewed, and any reasons for their decision.

Our firm can assist with the appeals process in case your claim has been rejected or if you've received a rating which does not compensate you adequately for the issues you are experiencing. We can help you appeal a denial of your claim by preparing a thorough appeal.

What can I do to challenge a VA decision?

VA has three paths to follow when a claimant is not happy with a decision. First an Senior Reviewer will examine the same evidence and determine whether the original decision is likely to be changed due to a change of opinion or omission. This option is available to applicants who don't have new evidence to prove. The process can be completed in 125 days.

The second alternative is to file a Supplemental Claim. This is an appeal in which veterans can provide new evidence, but it needs to be original and relevant. It may also contain non-medical evidence like lay statements (sworn statements of people who know how your disability affects you). This type of appeal should be filed within one year following the decision.

Thirdly you can submit a formal complaint to the Board of veterans disability law firm Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will prepare a Statement of the Case or SOC which will describe what laws and regulations were used to make the decision, as well as a list of evidence that was considered and it will describe the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed then the only option left is to appeal the case to a federal appeals court. This is the most expensive and difficult route, but it might be the only option to obtain a fair decision for your client.

What is the average amount a lawyer can charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals process. They'll quickly identify what is lacking from your claim to make it eligible for review and assist you in deciding the best way to appeal a ruling. The job entails analyzing the reasons behind the denial, veterans disability helping you to develop medical evidence to support your case, and presenting the evidence in a correct manner.

If the court orders that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran cannot evade the order and continue receive VA compensation benefits. This is a law that is well-known and there are penalties for ignoring the order of a judge.

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

Jim is a veteran of 58 years, suffered an stroke that left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know what the expected $100,000 settlement will impact his eligibility for these benefits. Jim knows that he has to prove that he has the financial need to continue receiving the monthly Pension payment, but he wonders what could be done to reduce the effect on his other sources of income.