9 Things Your Parents Taught You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can assist veterans make an initial claim for disability or contest the validity of a VA decision. But, the law in place today prohibits lawyers from charging fees for assistance with an initial claim.

Monk claims that the VA denied his claims for benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correcting any unfavorable decisions.

What is an VA Disability Claim?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) offers an amount of money to spouses, children and parents of Service members who died while on active duty or due to their service-related disabilities.

The most straightforward condition to establish is Tinnitus (ringing in the ear). It is a symptom that can be experienced when you hear a ringing in your ears, hissing, buzzing sounds, or any other sounds however, you are unable to hear them.

Sciatica is one of the more common conditions to diagnose. Sciatica happens due to a herniated disc, or bone spur can compress the sciatic nerve. The sciatic nerve is located in your lower spine to your buttocks, hips, and down your legs. The buttocks and lower legs can be affected by discomfort and numbness.

The easiest condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety or depression, or a recurring thought of an incident that took place during your military service. A convincing argument in support of the claim with a stressor that occurred during your service can help you get the PTSD rating you are entitled to. A head injury that is traumatic is the fourth most straightforward condition to qualify for and is usually associated with a PTSD diagnosis.

How Do I File a claim for VA Disability?

There are many procedures to follow to make an claim. First, Veterans Disability you must submit medical evidence, like medical opinion from a physician and lab results, or X-rays, to prove that your condition falls within VA's definition of disability. It is a good idea to get a lawyer to gather this evidence medically and provide it as part of your initial application, so that the VA will be able to process it more easily.

Then, you have to pass the Compensation and Pension (C&P) exam. This is conducted by a federal VA rater who will evaluate your physical and psychological symptoms to decide whether or not you qualify for disability benefits. You should have all the necessary documentation to maximize your chances of receiving benefits.

You will receive a letter of determination after the C&P examiner has reviewed your medical evidence and passes the exam. This letter will include an introduction, the decision of your impairment and the amount, a list and an explanation of the medical evidence considered as well as any reasons for their decision.

If your claim is denied or you receive an amount that does not pay for all the conditions you suffer from, our firm can help with the appeals process. We can help you appeal an appeal against a denial by preparing a thorough appeal.

What can I do to challenge a VA decision?

VA has three routes to take when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine whether the original decision is valid due to a difference of opinion or an error made. This option is available to those who do not have new evidence to support their claim. It can be completed within about 125 days.

Second, you can submit a Supplemental Claim. This is an appeal in which a veteran can add new evidence, but it has to be original and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn declarations from people who are aware of how your disability affects you). This type of appeal must be filed within a year following the decision.

A third option is to make a formal appeal to the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will draft an Statement of the Case or SOC that will outline the laws and regulations that were used to make the decision, as well as a list of evidence that was considered, and it will also explain the reasons for the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed then the only option left is to refer the case to a federal appeal court. This is the most costly and time-consuming route, but it might be the only option to get a fair result for your client.

How much will a lawyer charge for an appeal?

A skilled veteran disability attorney can help you understand the appeals process. He or she will swiftly identify what is lacking from your claim to make it eligible to be reviewed and help you decide on the best way to appeal a decision. Scrutinizing the reasons for the decision, assisting you in creating medical evidence to support your claim, and then presenting this evidence in an appropriate way is all part of the job.

If a court orders that a disabled veteran pay alimony or child maintenance, the veteran cannot ignore this order and continue to receive VA compensation benefits. This is a well-known law and there are consequences for breaking the court's order.

A recent settlement of a class action lawsuit could be a significant win for veterans disability lawyer with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of veterans who had previously been denied disability benefits.

Jim is a 58 year old veteran who suffered a stroke which left him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he has to prove that he is in need of the monthly Pension payment, but he wonders how he can reduce the impact on his other income sources.