9 . What Your Parents Taught You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer may help veterans file a first disability claim or contest the VA decision regarding the claim. However, current law prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk alleges that the VA denied his claims for benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure for rectifying any decisions that are not in the best interest of the public.

What is an VA Disability Claim (VAD)?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation offers a cash reward to cover things like medical care and housing assistance. Dependency and Indemnity Compensation (DIC) provides financial assistance to spouses, children and parents of Service members who died while on active duty or due to their service-related disabilities.

The easiest disability to be diagnosed with is Tinnitus (ringing in the ear). This symptom occurs when you hear hissing, ringing, buzzing or other sounds in the ear of one or both and can only be heard by you, as opposed to others who also suffer from it.

Sciatica is one of the conditions that is easier to be able to treat. Sciatica happens due to a herniated disc, or bone spur compresses the sciatic nerve. This nerve is located in your lower spine to your buttocks, hips, and down your legs. Lower legs and buttocks can be affected by discomfort and numbness.

The third most straightforward condition to be eligible for is Post Traumatic Stress Disorder (PTSD). This occurs when you experience constant nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about a specific event which occurred during your military service. A convincing proof of the claim accompanied by the stressor that occurred during your service can help you achieve the PTSD rating you are entitled to. A head injury that is traumatizing is the fourth easiest condition to be considered for and usually comes with a PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you'll need to go through a few steps. First, you must submit medical evidence, including the opinion of a doctor, lab results and the X-rays that prove your condition meets VA’s definition of disability. It is a good idea to have a lawyer collect this evidence medically and provide it as part of your initial application so that the VA can review it faster.

You must then undergo an exam for Compensation and Pensions (C&P). The exam will be conducted by an official from the federal VA rater who will examine your physical and psychological symptoms to determine if you are eligible for disability benefits. It is essential to have the appropriate documentation prior to taking this exam to maximize your chances of receiving the benefits you deserve.

You will receive a letter of decision once the C&P examiner reviews your medical evidence and finishes the exam. The letter will contain an introduction, the determining of your disability, the amount of your disability, a list and a an explanation of the medical evidence considered, and any reasons for their decision.

If your claim is rejected or you receive a rating that does not provide you with all the conditions you suffer from, our company can help with the appeals process. We can assist you in appealing an appeal against a denial by preparing an extensive appeal.

How can I challenge a VA decision?

VA offers three options to follow when a claimant is not happy with a decision. First an Senior Reviewer will look over the same evidence and determine whether the original decision could alter based on a divergence of opinion or error. This option is available to applicants who don't have new evidence to support their claim. The process can be completed within 125 days.

Then, you can submit an Supplemental Claim. It is an appeal where veterans can add new evidence, but it must be relevant and Veterans Disability new. It could also include non-medical evidence such as lay statements (sworn declarations from people who know how your disability affects you). This type of appeal should be filed within one year after a decision.

Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will prepare a Statement of Case or SOC which will describe the laws and regulations that were used to make the decision, a list of evidence that was taken into consideration and will explain the reasons behind 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 appeals court. This is the most difficult option and Veterans Disability can be expensive but it is the only way to get a fair result for your client.

How much will a lawyer Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals process. They will quickly identify what is lacking from your claim to make it eligible for review and help you determine the best way to appeal a decision. Examining the reasons behind the rejection, and assisting you with creating medical evidence to support your claim, and presenting your evidence in a proper manner are all necessary steps.

If an order from a court requires that disabled veterans pay alimony or child maintenance, the veteran cannot ignore this order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for breaking the order of a judge.

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

Jim an 58-year-old veteran, suffered an stroke that made him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim would like to know whether the $100,000 settlement will affect his eligibility for these benefits. Jim understands that he must prove that he has the financial need to continue receiving the monthly pension payment, but he is wondering what can be done to reduce the impact on other sources of income.