The Most Advanced Guide To Veterans Disability Claim

Veterans Disability Litigation

Lawyers can assist veterans file a first disability claim or challenge a VA decision regarding the claim. However, current law prevents lawyers from charging fees for assistance in filing an initial claim.

Monk alleges that the VA denied his claim to benefits in the context of PTSD and an unfavorable discharge. The VA offers a comprehensive appeals procedure to rectify any unfavorable determinations.

What is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation offers a cash reward to cover expenses such as medical care and housing assistance. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses and children of Service members who have died on active duty or because of service-related disabilities.

Tinnitus is by far the most commonly reported condition. This is a symptom that is triggered when you hear a ringing sound in your ears, the sound of hissing or buzzing sounds, lawsuit or any other sounds however, you are unable to hear them.

Sciatica is among the more common conditions. It is caused by a herniated disc or bone spur can compress the sciatic nerve which runs from your lower back through your buttocks and hips, and down each leg. The pain and numbness are felt in the buttocks and lower legs as well as the feet and can be severe.

The most common condition you can be eligible for is Post Traumatic Stress Disorder (PTSD). This is when you experience constant nightmares, extreme anxiety or depression or uncontrollable thoughts about an event which occurred during your military service. A convincing defense of the claim by citing the stressor that occurred in the course of service can help achieve the PTSD rating you are entitled to. A traumatizing brain injury is among the fourth most straightforward condition to qualify for and is usually associated with a PTSD diagnosis.

How do I submit a claim for VA Disability?

There are several steps to be followed to start a claim. You must first provide medical evidence, like the opinion of a doctor and lab results, or X-rays to prove that your condition meets VA’s definition of disability. It's often helpful to have your lawyer collect and submit this medical evidence in your initial application so that it can be more easily processed by the VA.

Then, you must undergo a Compensation and Pensions (C&P). This is conducted by an official from the federal VA rater who will review your physical and mental health to determine whether or not you are eligible for disability benefits. It is crucial to have the appropriate documentation prior to taking this exam to maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has assessed the medical evidence you submitted and has completed the exam, you will receive the decision letter. The letter will include an introduction, a declaration of your disability classification and specific amount, a list of the medical evidence they considered and a statement of any reasons they ruled against the decision.

Our firm can assist in completing the appeals process if your claim has been denied or you have received a rating which does not compensate you adequately for the conditions you are experiencing. We will determine the reason for the reason for the denial and prepare a comprehensive and strategic appeal to end the issue to your satisfaction.

How can I challenge a VA Decision?

VA provides three options to applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence and determine if the original decision is in light of a disagreement or an error that was made. This is a great option for a person who does not have any new evidence to show and can be completed within 125 days.

Then, you can make a Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it must be new and relevant. It may also contain 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 must be filed within one year after a decision.

A third option is to submit a formal appeal to the Board of veterans disability attorney 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 the Case or SOC that will outline what laws and regulations were used to reach the decision, along with a list of evidence that was considered and it will describe why the decision was made as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed and the BVA decision is upheld, the last option is to appeal the decision to a federal appeal 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 procedure. He or she will swiftly determine what is missing from your claim, making it eligible to be reviewed and help you decide on the best way to appeal a ruling. The job entails analyzing the reasons for denial, lawsuit assisting you in preparing medical evidence to prove your case and presenting your evidence in a professional manner.

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

A recent settlement of a class action lawsuit could be a significant win for veterans with 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, a 58-year-old veteran had a stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know whether his $100,000 settlement will affect his eligibility to receive these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly Pension payment, but is wondering what can be done to minimize the impact on his other sources of income.