14 Cartoons On Veterans Disability Claim That Will Brighten Your Day

Veterans Disability Litigation

A lawyer can help a veteran file an initial disability claim or contest an VA decision regarding the claim. But, the law in place today prohibits lawyers from charging for assistance in filing an initial claim.

Monk claims that the VA denied him benefits based on PTSD, and the discharge was not favorable. The VA has an extensive appeals procedure to rectify any erroneous determinations.

What Is an VA Disability Claim?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation offers a cash reward to cover expenses such as housing and medical expenses. Dependency and Indemnity Compensation (DIC) provides an amount of money to spouses, children and parents of service members who have died during active duty or through service-related injuries.

Tinnitus is among the top most commonly reported condition. It is a symptom that can be experienced when you hear ringing in your ears, hissing, buzzing sounds, or any other sounds, but only you can hear them.

Sciatica is one of the most common ailments. Sciatica occurs when a herniated disc or bone spur can compress your sciatic nerve. The sciatic nerve is located in your lower spine, through your buttocks, hips, and down your legs. The lower and buttocks can be affected by the pain and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can be eligible for. It is possible to experience recurring nightmares or extreme anxiety depression, or an uncontrollable thoughts about an incident that happened during your military service. You can get the PTSD rating you deserve by making a strong claim and citing a stressful event that took place during your time of service. A traumatizing brain injury is among the 4th most common condition to be eligible for and usually comes with the PTSD diagnosis.

How do I submit a claim for VA Disability?

There are several procedures to follow to start an claim. First, you must provide medical evidence like a doctor's opinion or lab report, as well as X-rays to prove that your condition falls within the VA's definition of disability. It is often helpful to have a lawyer collect the medical evidence and submit it with your initial application so that the VA can review it faster.

Then, you have to pass another Compensation and Pension (C&P) examination. A federal VA rater will conduct this exam. They will assess your physical and emotional symptoms to determine if you are eligible for disability benefits. It is essential to have the required documentation prior to taking the exam to maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has looked over the medical evidence you submitted and has completed the examination and analyzed your medical evidence, you will receive a decision letter. The letter will contain an introduction, the determination of your disability, the amount as well as a list and an explanation of the medical evidence that was considered and the reasons for their decision.

Our firm can assist you in the appeals process if your claim was rejected or if you've received a rating which does not adequately compensate you for the issues you are experiencing. We can determine the reasons behind the reason your claim was denied and prepare a comprehensive and strategic appeal that will resolve the matter in your favor.

How do I challenge a VA Decision?

VA offers three options to claimants who disagree with a decision. First a Senior Reviewer can examine the same evidence and determine whether the original decision could be altered due to a difference of opinion or an absence. This is a viable option for a claimant who does not have new evidence to provide and can be completed in one hundred and fifty days.

Second, you can submit a Supplemental Claim. It is an appeal where a veteran may add new evidence, but it must be new and relevant. It can also include nonmedical evidence, like lay statements. These are sworn statements by people who understand the way your disability affects. This appeal must be filed within a year following a decision.

Another alternative is to file a formal appeal with the Board of Veterans Appeals. This is done by filing the VA Form 21-0958, a Notice Of Disagreement. After the appeal has been filed, the regional office will prepare an Statement of the Case or SOC which will detail the laws and regulations used to reach the decision, a list of evidence considered and it will describe the reasons for the decision as either favorable, unfavorable or lawsuit indeterminate.

If the BVA decision is upheld in the end, the only alternative is to refer the case to a federal appeal court. This is the most difficult path and may be costly, however it is the only way to get the best possible outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals procedure. They'll quickly identify what is lacking from your claim, making it eligible to be reviewed and help you decide on the best way to appeal a decision. Scrutinizing the reasons for the rejection, and assisting you with creating medical evidence to support your claim, and presenting this evidence in a way that is appropriate is all part of the job.

If a judge requires a disabled veteran to pay alimony or child support, that veteran cannot ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are penalties for violating the order of a judge.

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

Jim the veteran, who is 58 years old had a stroke that made him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim would like to know how the anticipated $100,000 settlement will impact his eligibility for these benefits. Jim knows that he has to show that he has financial need to continue receiving the monthly pension payment, but he is wondering what can be done to minimize the impact on his other sources of income.