9 Things Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can assist veterans disability file an initial disability claim or contest an VA decision regarding the claim. Currently, lawyers are not permitted to charge for initial claims.

Monk alleges that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correcting any unfavorable 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 expenses or housing assistance. Dependency and Indemnity Compensation offers cash payments to parents, spouses, and children of Service members who have passed away on active duty or because of disabilities related to service.

The most simple condition to be diagnosed with is Tinnitus (ringing in the ear). It is a condition that manifests when you hear a ringing in your ears, a hissing sound, buzzing sounds, or other sounds however, you are unable to hear them.

Sciatica is one of the more common conditions to diagnose. Sciatica occurs when a herniated disk or bone spur puts pressure on your sciatic nerve. The sciatic nerve runs from your lower spine through your buttocks and hips and down your legs. The buttocks and lower legs can be affected by discomfort and numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be considered for. This occurs when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts regarding a specific incident that occurred during your military service. You can earn the PTSD rating that you are entitled to by making a compelling claim and citing an event that occurred during your service. A traumatic brain injury is the easiest condition to qualify for and usually accompanies an PTSD diagnosis.

How do I submit a claim for VA Disability?

To file a claim, you'll need to go through some steps. You must first submit medical evidence, such as a doctor’s opinion and lab results, or the X-rays that prove your condition meets VA’s definition of disability. It is generally beneficial to get a lawyer to gather this medical evidence and provide it as part of your initial application so that the VA can process it more easily.

Then, you must undergo a Compensation and Pensions (C&P). A federal VA rater will take the exam. They will examine your physical and mental health to determine if you're eligible for disability benefits. It is crucial to have the appropriate documentation prior to taking this exam so that you can maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has reviewed the medical evidence you submitted and has completed the examination you will be issued a decision letter. This letter will contain an introduction, the determination of your impairment and the amount of your disability, a list and a details of all medical evidence that was considered as well as any reasons for their decision.

Our firm can assist you in the appeals process if your claim was denied or you have received a rating that does not compensate you adequately for the issues you are experiencing. We can assist you in appealing a denial of your claim by preparing a comprehensive appeal.

How do I challenge a VA Decision?

VA provides three options to those who are dissatisfied with the decision. First, a Senior Reviewer will review the same evidence and determine whether the original decision could be changed due to a change of opinion or absence. This is an excellent option for a claimant who has no new evidence to provide and it can be completed within one hundred and fifty days.

The other option is to submit a Supplemental Claim. It is an appeal in which the veteran can provide additional evidence, but it has to be relevant and new. It can also be accompanied by non-medical evidence like lay statements (sworn statements of people who understand how your disability affects you). This type of appeal must be filed within one year following the decision.

Thirdly, you can file a formal complaint with the Board of veterans disability attorney Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will draft a Statement of Case or SOC which will detail the laws and regulations that were used to make the decision, along with a list of the evidence considered, and it will also explain the reasons behind the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed and the BVA decision is upheld, the last option is to refer the case to a federal appeal court. This is the most difficult route and can be expensive, but it could be the only way to get an equitable outcome for your client.

What is the average amount a lawyer can charge for an appeal?

A skilled veteran disability attorney will help you understand the appeals process. They can quickly determine what was missing from your initial claim to allow it for review. He or she will assist you in choosing the most effective method to appeal an appeal. The job entails analyzing the reasons behind the denial, helping you to develop medical evidence to prove your case and presenting the evidence in a correct manner.

If a judge orders a disabled veteran to pay alimony ordered by the court or child support, that veteran cannot ignore the order and continue to collect VA compensation benefits. It is a widely accepted law and there are consequences when you do not comply with a court order.

A recent settlement in a class-action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously were denied disability benefits, receiving lifetime benefits.

Jim is a 58-year veteran who had a stroke that left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim wants to know how his expected $100,000 settlement will affect his eligibility to receive these benefits. Jim knows that he needs to prove that he's in need of the monthly Pension payment, but he is wondering how he can minimize the impact on his other income sources.