9 Things Your Parents Teach You About Veterans Disability Claim
Veterans Disability Litigation
A lawyer can help veterans disability make an initial claim for disability, or contest a VA decision. Currently, lawyers are not allowed to charge for initial claims.
Monk alleges that the VA refused to grant him benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correcting any unfavorable decisions.
What is what is a VA Disability Claim (VAD)?
A VA disability claim is a way to apply 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 (DIC) provides the parents, spouses and children of deceased Service members while on active duty or due to their service-related disabilities.
The most simple condition to be diagnosed with is Tinnitus (ringing in the ear). It is a condition that is triggered when you hear a ringing in your ears, a hissing sound, buzzing sounds, or other sounds that you cannot hear them.
Sciatica is among the most common ailments. It is caused by an injury to the disk or bone spur puts pressure on the sciatic nerve which runs from your lower back to your buttocks and hips as well as down each leg. The buttocks and lower legs are susceptible to being affected by pain and the sensation of numbness.
Post Traumatic Stress (PTSD) is the third most straightforward condition to be eligible for. This is when you experience repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event that occurred during your military service. A convincing argument in support of the claim accompanied by an event that caused stress during your service can help you receive the PTSD rating you merit. A head injury that is traumatic is the fourth most common condition to prove, and it usually comes with the PTSD diagnosis.
How do I make a claim for a VA Disability?
There are many procedures to follow to file an claim. First, you must provide medical evidence, such as the opinion of a doctor, lab reports and X-rays to prove that your condition is within the VA's definition of disability. It is a good idea for a lawyer to collect 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'll have to take a Compensation and Pension (C&P) examination. This is conducted by a federal VA rater who will assess your physical and medical conditions to determine if you qualify for disability benefits. You must have all the necessary documentation in order to increase your chances of receiving benefits.
After the C&P examiner has looked over your medical evidence and completed the exam, you will receive a decision letter. It will contain an introduction, a determination of your disability rating as well as a the specific amount, a list of the medical evidence they considered and a statement of any reasons why they decided against the decision.
Our firm can assist in the appeals process if your claim has been denied or you have received a rating that does not compensate you adequately for the symptoms you are experiencing. We can assist you in appealing an appeal against a denial by preparing a thorough appeal.
How can I challenge a VA Decision?
VA offers three options to those who are dissatisfied with a decision. First a Senior Reviewer can review the same evidence and determine if the original decision can be altered due to a difference of opinion or an absence. This is an option for those who don't have new evidence to prove. The process can be completed within the 125 days.
Second, you can make a Supplemental Claim. This is an appeal in which the veteran can present new evidence but it has to be fresh and relevant. It may also contain non-medical evidence, like lay statements. These are sworn statements from people who are aware of how your disability affects you. This type of appeal must be submitted within one year following the 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. The regional office will prepare an SOC (Statement of the Case) after the appeal has been filed. It will list evidence that was considered, as well as the laws and regulations used to arrive at the decision and the reasons why the decision was favorable, unfavorable or indeterminate.
If the BVA decision is upheld then the only option left is to take the case to a federal appeal court. This is the most challenging option and may be costly, however it could be the only way to get an equitable outcome for your client.
What is the average amount a lawyer can charge for an appeal?
A skilled veteran disability attorney will help you understand the appeals process. He or she will swiftly identify what is lacking from your claim, making it eligible to be reviewed and assist you in deciding the best method to appeal a decision. The job includes examining the reasons behind the denial, helping you to develop medical evidence to back your case and presenting the evidence in a way that is appropriate.
If a judge orders a disabled veteran to pay court-ordered alimony or child support, the veteran cannot ignore the order and continue to collect VA compensation benefits. This is a widely recognized law and there are penalties in the event of a violation of the court order.
A recent settlement in a class-action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans who were previously denied disability benefits.
Jim is a 58-year veteran who had an injury to the brain that left him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim wants to know whether his $100,000 settlement will affect the ability to receive these benefits. Jim knows he has to prove that he is in need of the monthly Pension payment, but he's wondering how he can minimize the impact on his other income sources.