The 9 Things Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help veterans file an initial disability claim or challenge an VA decision regarding the claim. At present, lawyers aren't permitted to charge for initial claims.

Monk claims that the VA denied him benefits based on PTSD, and a discharge that was not favorable. The VA has a long appeals process to correct any erroneous decisions.

What is a VA Disability Claim?

A VA disability claim is an application for tax-free monthly benefits. Compensation is cash benefits that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation (DIC) provides the parents, spouses, and children of Service members who die during active duty or due to their service-related disabilities.

Tinnitus is among the top most common disability. This is a symptom that occurs when you notice a hissing, ringing buzzing, or other sounds coming from one or both ears. The sound is only heard by you, in contrast to others who also have it.

Sciatica is one of the most common ailments. It can occur when an injury to the disk or bone spur can compress the sciatic nerve which runs from your lower back to your buttocks, hips and down each leg. Numbness and pain are felt in the buttocks, lower leg and feet, and can be very severe.

Post Traumatic Stress (PTSD) is the third most common condition that you can qualify. You may experience recurring nightmares or extreme anxiety or depression, or uncontrollable thoughts about an incident that occurred during your military service. A convincing argument in support of the claim by citing an event that caused stress during service can help you achieve the PTSD rating you merit. A brain injury that is traumatic is the easiest condition to qualify for and usually comes with the PTSD diagnosis.

How Do I File a claim for VA Disability?

There are several steps to follow to submit an claim. You must first submit medical evidence, like medical opinion from a physician or lab results, as well as the X-rays that prove your condition meets VA’s definition of disability. It is usually beneficial to have a lawyer collect the medical evidence and then submit it as part of your initial application so that the VA can review it faster.

You will then have to undergo an exam for Compensation and Pensions (C&P). The exam will be conducted by an federal VA rater who will assess your physical and psychological symptoms to determine whether or not you qualify for disability benefits. You should have all the required documentation in order to maximize your chances of receiving benefits.

After the C&P examiner has looked over the medical evidence you submitted and has completed the examination, you will receive an official decision letter. It will include an introduction, a determination of your disability rating and the specific amount, a list of the medical evidence they considered and a list of any reasons they decided against you in making their decision.

If your claim is denied or you receive a rating that doesn't provide you with all the conditions you suffer from, our firm can assist in the appeals process. We can assess the reason for the denial and craft a comprehensive and strategic appeal that will resolve the issue to your satisfaction.

What can I do to challenge a VA Decision?

VA has three avenues to consider when a claimant is not happy with the decision. First an Senior Reviewer will examine the same evidence and determine if the original decision can be changed due to a change of opinion or exclusion. This is an option for claimants who don't have any new evidence to provide. It can be completed in 125 days.

The second option is to submit an Supplemental Claim. This is an appeal process where an individual with a disability can submit new evidence, but it needs to be fresh and relevant. It can also include non-medical evidence, such as lay statements (sworn declarations from people who understand how your condition affects you). This type of appeal must be filed within a year following a decision.

Thirdly, you can submit a formal complaint to the Board of veterans disability Appeals. This is done by filing a VA Form 21-0958 or a Notice Of Disagreement. Once the appeal has been filed the regional office will prepare a Statement of the Case or SOC which will identify what laws and regulations were used to reach the decision, along with a list of evidence taken into consideration and will explain the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld in the end, the only alternative is to appeal the case to a federal appeals court. This is the most difficult and expensive route, but it might be the only way to get a fair result for your client.

How Much Will a Lawyer Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals process. He or she can quickly determine what is missing from your initial claim to be eligible for review and will assist you in choosing the most effective method to appeal an appeal. Scrutinizing the reasons for the decision, assisting you in developing medical evidence to support your claim, and presenting the evidence in a proper manner are all necessary steps.

If the court orders disabled veterans disability law firm pay alimony or child maintenance, the veteran cannot ignore the order and continue receive VA compensation benefits. This is a well-recognized law and there are penalties for violating the 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 had previously been denied disability benefits.

Jim is a 58 year veteran who suffered an injury to the brain that left him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim would like to know how his expected $100,000 settlement will affect his ability to claim these benefits. Jim is aware that he must to show that he is in need of the monthly pension payment, but he's wondering what he can do to minimize the impact on his other income sources.