This Is The Ugly The Truth About Veterans Disability Claim

baton rouge veterans disability lawyer Disability Litigation

A lawyer can help a veteran to submit an initial claim for disability, or contest a VA decision. But, the law in place today prohibits lawyers from charging for assistance with a claim for the first time.

Monk claims that the VA denied him benefits based on PTSD, and a discharge that was not favorable. The VA has an extensive appeals process for making amends to any decision that is not favorable.

What is a VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is cash benefits that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation offers an amount of money to spouses, dunedin veterans disability lawyer parents and children of service members who died on active duty or as a result of service-related injuries.

The most common condition to prove is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear hissing, ringing, buzzing or other sounds from one or both ears. The sound can only be heard by you, as opposed to others who also suffer from it.

Sciatica is among the most frequent conditions. Sciatica occurs when a herniated disc bone spur compresses your sciatic nerve. This nerve is located in your lower spine through your buttocks, hips and down your legs. The pain and numbness are felt in the buttocks and lower legs as well as the feet. It can be extremely.

The 3rd most simple condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). It's when you have repeated nightmares, extreme anxiety or depression, or thoughts that are uncontrollable regarding a specific incident which occurred during your military service. A strong statement in support of the claim with an event that caused stress in the course of service can help achieve the PTSD rating you are entitled to. A traumatic brain injury is the 4th most common condition to be eligible for and usually comes with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are a number of procedures to follow to file an application. You must first submit 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 usually helpful to have your lawyer gather the medical evidence as part of your initial filing to ensure that it is more easily processed by the VA.

Then, you must undergo an exam for Compensation and Pensions (C&P). A federal VA rater will perform the exam. They will look at your physical and mental health in order to determine if you qualify for disability benefits. You should have all the necessary documentation in order to increase your chances of obtaining benefits.

You will be issued a letter of decision after the C&P examiner has reviewed the medical evidence you submitted and has completed the exam. The letter will include an introduction, a determination of your disability and the amount of disability, a listing and a description of all medical evidence considered, and any reasons for their decision.

If your claim is rejected or you are awarded an unjustified rating that doesn't cover all of the conditions you suffer from, our firm will assist in the appeals process. We can assess the reason your claim was denied and craft a comprehensive and strategic appeal to settle the matter in your favor.

How can I challenge a VA Decision?

VA has three avenues to choose from when a person disagrees with a decision. First the Senior Reviewer will review the same evidence to determine whether the initial decision could alter based on a divergence of opinion or exclusion. This is an excellent option for a claimant that does not have new evidence to provide and it can be completed within 125 days.

The other option is to make an Supplemental Claim. This is an appeal where an individual with a disability can submit new evidence, but it needs to be new and relevant. It may also contain non-medical evidence such as lay statements (sworn declarations from people who know how your disability affects you). This type of appeal should be made within a year following the decision.

Thirdly, you can file a formal complaint with the Board of Dunedin Veterans Disability Lawyer Appeals. This is done by filing an VA Form 21-0958, also known as a Notice of Disagreement. Once the appeal is filed the regional office will prepare an Statement of the Case or SOC that will outline the laws and regulations used to reach the decision, as well as a list of evidence that was examined and a description of the reasons for the decision as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most costly and time-consuming option, but it could be the only way to ensure a fair outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can assist to clarify the appeals procedure. They will quickly identify what is lacking from your claim, making it eligible for review and assist you in deciding the best way to appeal a ruling. Scrutinizing the reasons for the denial, helping you in creating medical evidence to support your claim, and then presenting this evidence in a way that is appropriate are all necessary steps.

If a judge decides that a disabled veteran must pay court-ordered alimony or child support, the veteran isn't allowed to ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and there are penalties if you violate the order of a judge.

A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands veterans who previously had to be denied disability benefits, receiving lifetime benefits.

Jim is a veteran of 58 years who suffered a stroke that caused him to be permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his expected $100,000 settlement will impact his eligibility for these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly Pension payment but wonders what can be done to reduce the impact on his other sources of income.