Nine Things That Your Parent Taught You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer may help veterans file an initial disability claim or challenge the VA decision on the claim. Currently, lawyers are not allowed to charge for the initial claims.

Monk claims that the VA denied benefits due to PTSD and a discharge that was not favorable. The VA has a lengthy appeals process 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 is a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation provides the parents, spouses, and children of Service members who have died on active duty or due to service-related disabilities.

Tinnitus is by far the most frequently reported disorder. This condition occurs when you hear hissing, ringing, buzzing or other sounds from one or both ears and is only heard by you, and not to other people who have it.

Sciatica is among the more common conditions. It occurs when a herniated disc or bone spur puts pressure on the sciatic nerve which runs from your lower back to your buttocks, hips and down each leg. The buttocks and lower legs are susceptible to being affected by pain and numbness.

The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares or extreme anxiety or depression, or uncontrollable thought about an incident that occurred during your military service. You can earn the PTSD rating you are entitled to by making a compelling claim and citing a stressful event that took place during your time of service. A traumatic brain injury is the 4th most common condition to be eligible for and is usually associated with an PTSD diagnosis.

How Do I File a VA Disability Claim?

There are a variety of steps to be followed to submit an claim. You must first submit medical evidence, including the opinion of a doctor and lab results as well as X-rays, to show that your condition is within VA's definition of disability. It's often helpful to have your lawyer gather and submit this evidence as part of your initial filing to ensure that it is more easily processed by the VA.

Then, you must undergo an exam called Compensation and Pensions (C&P). A federal VA rater will perform the exam. They will evaluate your symptoms and physical condition to determine if you're eligible for disability benefits. You should have all the documentation required to maximize your chances of receiving benefits.

After the C&P examiner has assessed your medical evidence and completed the exam you will receive an official decision letter. The letter will contain an introduction, the determining of your impairment and the amount of your disability, a list and a the description of all medical evidence that was reviewed, and any reasons for their decision.

If your claim is rejected or you are awarded a rating that does not compensate you for all of the symptoms that you suffer from, our firm will assist you in appealing the decision. We can analyze the reasons for the reason your claim was denied and then prepare a thorough and strategic appeal that will resolve the matter in your favor.

How Do I Challenge a VA Decision?

VA has three avenues to consider when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence and determine if the original decision could be modified because of a difference of opinion or an error that was made. This is a good option for a claimant that has no new evidence to present and it can be completed within one hundred and fifty days.

Second, you can make a Supplemental Claim. This is an appeal where a veteran can add new evidence but it has to be relevant and new. It could also include non-medical evidence, such as lay statements. These are statements that are sworn by people who understand the way your disability affects. This type of appeal should be filed within one year from the date of a decision.

Another alternative is to file a formal appeal with the Board of veterans disability attorney Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the Case) once the appeal has been filed. This will contain a list evidence that was considered, the laws and regulations that were used to arrive at the decision and the reasons behind why the decision was favourable, unfavorable or indeterminate.

If the BVA decision is upheld, the final option is to take the case to a federal appeals court. This is the most difficult and expensive path, but it may be the only option to get a fair result for your client.

How much will a lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals process. He or she can quickly determine what is missing from your initial claim to make it eligible to be reviewed and assist you in deciding the best method to appeal the decision. The task involves analyzing the reasons behind denial, assisting you in preparing medical evidence to support your case, and presenting the evidence in a professional manner.

If a court or a judge orders a disabled veteran pay alimony ordered by the court or child support, the veteran isn't allowed to ignore the order and continue to collect VA compensation benefits. This is a well-known law and carries a penalty in the event of a violation of an order of a court.

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

Jim is a 58-year veteran who suffered an injury to the brain that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know what the expected $100,000 settlement will affect his ability to claim these benefits. Jim knows that he has to 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.