10 Things That Your Family Taught You About Veterans Disability Claim

Veterans Disability, escortexxx.ca, Litigation

A lawyer can assist veterans submit an initial claim for disability, or challenge an VA decision. Lawyers are currently not allowed to charge for the 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 process to correct any unfavorable decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation provides a cash benefit to cover expenses such as housing and medical expenses. Dependency and Indemnity Compensation provides an amount of money to spouses, parents and children of service members who have died on active duty or due to disabilities related to service.

Tinnitus is the #1 most commonly reported condition. This is a sign that occurs when you hear ringing in your ears, a hissing sound, buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is one of the more common conditions. It occurs when an injured disk or bone spur can compress the sciatic nerve which runs from your lower back to your hips and buttocks and down each leg. The numbness and pain can be felt in the buttocks, lower legs, and feet. It can be quite severe.

The third most straightforward condition to be eligible for is Post Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares or extreme anxiety or depression, or a recurring thought about an event that occurred during your military service. You can get the PTSD rating you are entitled to by making a compelling claim and citing a stressful event that occurred during your military service. A head injury that is traumatizing is the fourth most common condition to get a rating for and is usually associated with a PTSD diagnosis.

How Do I File a VA Disability Claim?

There are a number of steps to be followed to make an claim. You must first present medical evidence, like an opinion from a doctor, lab results and X-rays, to show that your condition is in line with VA's definition of disability. It is often beneficial to have your lawyer collect the medical evidence in your initial filing to ensure that it is more easily processed by the VA.

You must then undergo an examination for Compensation and Pensions (C&P). This will be performed by an federal VA rater who will review your physical and psychological symptoms to determine if you are eligible for disability benefits. It is crucial to have the appropriate documentation prior to taking this test to maximize your chances of receiving the benefits you deserve.

You will be issued a letter of decision after the C&P examiner has reviewed your medical evidence and completes the exam. This letter will contain an introduction, the determining of your impairment and the amount of your disability, a list and a details of all medical evidence that was considered and the reasons behind their decision.

Our firm is able to assist in the appeals process if your claim has been denied or you've received a rating which is not enough to compensate you for the issues you are experiencing. We can analyze the reasons for the reasons for your claim being denied and craft a comprehensive and strategic appeal to resolve the issue in your favor.

What can I do to challenge a VA decision?

VA has three paths to choose from when a person disagrees with a decision. First, a Senior Reviewer will review the same evidence and determine whether the original decision could be altered due to a difference of opinion or omission. This is a good option for a claimant who does not have any new evidence to submit and can be completed in 120 days.

You can also make a Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it must be new and relevant. It could also include non-medical evidence, like lay statements. These are sworn statements by those who know how your disability affects you. This type of appeal must be filed within one year after a decision.

Thirdly you can make a formal complaint to the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will draft an Statement of the Case or SOC which will describe the laws and regulations that were utilized in determining the decision, as well as a list of the evidence examined and a description of the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed then the only option left is to take the case to a federal appeal court. This is the most difficult path and is costly, but it could be the only way to get an appropriate outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A skilled veteran disability lawyer provides clarity to the appeals process. He or she can quickly identify what was missing from your initial claim in order to qualify it for review. He or she will help you determine the best method to appeal an appeal. Examining the reasons behind the denial, veterans Disability helping you in developing medical evidence to support your claim, and presenting this evidence in a proper manner is all part of the job.

If an order from a court requires that disabled veterans pay child maintenance or alimony, the veteran cannot ignore this order and continue receive VA compensation benefits. This is a well-known law, and there are penalties when you do not comply with a court order.

A recent settlement in a class-action lawsuit could be a significant victory for veterans with PTSD. Medical News Today reports the settlement will allow thousands of veterans disability attorneys who had previously been denied disability benefits to receive lifetime benefits.

Jim is a 58-year old veteran who suffered a stroke that left him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim is interested in knowing how the anticipated $100,000 settlement will impact his eligibility for these benefits. Jim realizes that he has to show that he is in need of the monthly Pension payment, but he's not sure how he could minimize the impact on his other income sources.