The 9 Things Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help veterans submit an initial claim for disability or to contest an VA decision. However, the law currently prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied his claim to benefits based on PTSD and an unfavorable discharge. The VA has an extensive appeals procedure to rectify any erroneous decisions.

What is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is an income-based benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation (DIC) provides an amount of money to spouses, children and parents of service members who have died in active duty or from their service-connected disabilities.

The most simple condition to claim is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear ringing in your ears, a hissing sound, buzzing sounds, or any other sounds, but only you can hear them.

Sciatica is another one of the most common conditions to be diagnosed with. It can occur when a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back, through your buttocks and hips, and down each leg. Lower legs and buttocks may be affected by pain and the sensation of numbness.

The easiest condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety, depression, or an uncontrollable thoughts about an incident that happened during your military service. A strong statement in support of the claim by citing an event that caused stress during service can help you achieve the PTSD rating you deserve. A traumatizing brain injury is among the most simple condition to qualify for and is usually associated with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are a variety of steps that must be taken to submit a claim. First, you must submit medical evidence like a doctor's opinion, lab reports and X-rays to prove that your condition meets the VA's definition of disability. It's usually beneficial to have your lawyer gather and submit this medical evidence in the initial filing to ensure that it is easier to process by the VA.

Then, you have to pass another Compensation and Pension (C&P) test. A federal VA rater will perform this test. They will look at your physical and emotional symptoms to determine whether you are eligible for disability benefits. It is essential to have the proper documentation before undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

You will be issued a letter of decision when the C&P examiner reviews the medical evidence you submitted and has completed the examination. The letter will contain an introduction, the determination of your disability, the amount, a list and description of all medical evidence considered, and any reasons for their decision.

Our firm is able to assist in the appeals process if your claim was rejected or if you've received a rating that does not compensate you adequately for the conditions you are experiencing. We can determine the reasons behind the reason for the denial and prepare a comprehensive and strategic appeal to settle the issue to your satisfaction.

How do I challenge a VA Decision?

VA provides three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence again and determine if the original decision is valid due to a difference of opinion or an error that was made. This is a good option for a claimant that does not have any new evidence to show and can be completed within 125 days.

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

A third alternative is to submit a formal appeal to the Board of Veterans Appeals. This is done by filing the VA Form 21-0958 or a Notice of Disagreement. The regional office will draft an SOC (Statement of the case) after the appeal has been filed. This will comprise a listing of the evidence that was considered, the laws and regulations that were used to reach the decision and the reasons behind why the decision was favorable, unfavorable, or indeterminate.

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

How much will a lawyer Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals procedure. They'll quickly determine what is missing from your claim, making it eligible to be reviewed and assist you in deciding the best method to appeal a ruling. Scrutinizing the reasons for the denial, helping you in making medical evidence to back your claim, and presenting this evidence in a professional manner is all essential to the job.

If the court orders a disabled veteran pay alimony or child maintenance and child maintenance, the veteran can't ignore this order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for violating an order of a court.

A recent settlement of a class action lawsuit could be a major win for veterans disability attorney with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans who had previously been denied disability benefits.

Jim is a 58 year veteran who had a stroke that left him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim wants to know how the anticipated $100,000 settlement will affect his ability to claim these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he is wondering how he can reduce the impact on his other income sources.