14 Businesses Doing A Great Job At Veterans Disability Claim

Veterans Disability Litigation

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

Monk alleges that the VA denied his claims for benefits in the context of PTSD and an unfavorable discharge. The VA has an extensive appeals process for rectifying any decisions that are not in the best interest of the public.

What is an VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation provides a cash payment to cover expenses such as housing and medical treatment. Dependency and Indemnity Compensation offers a monetary payment to parents, spouses, and children of service members who have passed away on active duty or due to service-related disabilities.

The most simple condition to be diagnosed with is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear a ringing, hissing buzzing or other sounds in the ear of one or both and can only be heard by you, and not to others who also suffer from it.

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

The 3rd most simple condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience repeated nightmares, extreme anxiety or depression or uncontrollable thoughts regarding a specific incident that happened in your military service. You can earn the PTSD rating that you merit by making a solid claim and citing a stressful event that occurred during your military service. A traumatic brain injury is the fourth most straightforward condition to be eligible for and usually accompanies a PTSD diagnosis.

How do I submit a claim for VA Disability?

In order to file a claim, you must follow the steps. You must first submit medical evidence, such as the opinion of a doctor and lab results, or the X-rays that prove your condition falls within VA's definition of disability. It is usually beneficial to have a lawyer collect this medical evidence and submit it as part of your initial application, so that the VA can review it faster.

Then, you must undergo an examination for Compensation and Pensions (C&P). A federal VA rater will administer this exam. They will look at your physical and emotional symptoms to determine if you're eligible for disability benefits. You should have all the necessary documentation to increase your chances of obtaining benefits.

You will be issued a letter of decision after the C&P examiner reviews the medical evidence you submitted and has completed the examination. The letter will include an introduction, the determining of your disability, the amount as well as a list and details of all medical evidence they considered as well as any reasons for their decision.

If your claim is rejected or you are awarded an amount that does not provide you with all the conditions you suffer from, our firm can assist with the appeals process. We can assist you in appealing the denial of your claim through the preparation of a comprehensive appeal.

How do I challenge a VA decision?

VA offers three options to choose from when a person is not happy with the decision. First an Senior Reviewer will review the same evidence and determine whether the initial decision could be altered due to a difference of opinion or an absence. This is a good alternative for a claimant who has no new evidence to submit and can be completed within 125 days.

You can also make an Supplemental Claim. This is an appeal where a veteran can add new evidence but it has to be fresh and relevant. It could also include non-medical evidence, like lay statements. These are statements that are sworn by people who understand how your disability affects you. This type of appeal should be made within a year after a decision.

Another alternative is to file a formal appeal with the Board of veterans disability attorneys Appeals. This is done by submitting the VA Form 21-0958 and a Notice Of Disagreement. The regional office will draft an SOC (Statement of the Case) after the appeal is filed. This will contain a list of evidence taken into account, the laws and regulations that were used to make the decision, and the reasons behind why the decision was favourable, unfavorable or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to refer the case to a federal appeal court. This is the most difficult and expensive route, but it might be the only option to ensure a fair outcome for your client.

How much will a lawyer Charge for Appeals?

A good veteran disability attorney provides clarity to the appeals process. He or she will quickly identify what is lacking from your claim to make it eligible to be reviewed and assist you in deciding the best method to appeal a decision. 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 court or a judge orders a disabled veteran pay court-ordered alimony or child support, that 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 court order.

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 result thousands of veterans who previously were not eligible for disability benefits to receive lifetime benefits.

Jim, a 58-year-old veteran was struck by a stroke and made him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will affect his eligibility to receive these benefits. Jim recognizes that he must demonstrate that he is financially in need to continue receiving the monthly pension payment, but is wondering what can be done to reduce the effect on his other sources of income.