The 9 Things Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can assist veterans disability attorney file a first disability claim or contest a VA decision regarding the claim. But, the law in place today prohibits lawyers from charging fees for assistance with the initial claim.

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

What is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to cover things like housing and medical expenses. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to parents, spouses and children of Service members who died in active duty or from their service-connected disabilities.

Tinnitus is the #1 most commonly reported condition. The symptom is when you hear hissing, ringing, buzzing or other sounds from one or both ears and can only be heard by you, and not to others who also suffer from it.

Sciatica is among the most frequently encountered conditions. It occurs when a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back to your buttocks, hips and down each leg. The numbness and pain can be felt in the buttocks, lower legs and feet, and can be very severe.

The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares or extreme anxiety depression, or uncontrollable thoughts about an event that occurred during your military service. A convincing defense of the claim with an event that caused stress during your service may help you receive the PTSD rating you merit. A traumatizing brain injury is the easiest condition to qualify for and usually comes with a PTSD diagnosis.

How do I file a VA Disability Claim?

There are many steps that must be taken to start a claim. First, you must submit medical evidence like an opinion from a doctor or lab report, as well as X-rays to establish that your condition is in line with the VA's definition of disability. It's usually beneficial to have your lawyer gather the medical evidence and submit it in your initial application to ensure that it is more easily processed by the VA.

You will then have to undergo an examination for Compensation and Pensions (C&P). A federal VA rater will conduct this exam. They will evaluate your symptoms and physical condition in order to determine if you are eligible for disability benefits. It is essential to have the necessary documentation prior to undergoing this exam so that you can maximize your chances of receiving the benefits you deserve.

Once the C&P examiner has assessed your medical evidence and completed the exam you will be issued an official decision letter. The letter will include an introduction, a decision of your disability rating as well as a specific amount, a list of the medical evidence they reviewed and a description of the reasons they decided against you when they made their decision.

Our firm can assist in completing the appeals process if your claim has been rejected or if you've received a rating which is not enough to compensate you for the issues you are experiencing. We can analyze the reasons for why your claim was denied and draft a thorough and strategic appeal to resolve the issue to your satisfaction.

How do I challenge a VA decision?

VA offers three options for claimants who disagree with a decision. First the Senior Reviewer will review the same evidence and determine if the original decision can alter based on a divergence of opinion or an exclusion. This is an excellent option for a claimant that does not have new evidence to submit and it can be completed within one hundred and fifty days.

The second option is to submit a Supplemental Claim. This is an appeal where veterans can provide new evidence, but it has to be relevant and new. It could also include non-medical evidence, such as lay statements. These are statements that are sworn by those who know how your disability affects. This type of appeal must be filed within one year after the date of a decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will prepare a Statement of the Case or SOC that will outline what laws and regulations were used in reaching the decision, a list of evidence that was considered and it will describe why the decision was made as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed in the end, the only alternative is to appeal the decision to a federal appeals court. This is the most difficult option and can be expensive but it is the only method to get the best possible outcome for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals procedure. He or she will quickly determine what is missing from your claim to make it eligible to be reviewed and help you decide on the best way to appeal a ruling. Reviewing the reasons for denial, helping you in developing medical evidence to support your claim, and presenting the evidence in an appropriate way is all essential to the job.

If the court orders that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran can't ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are consequences for breaking a court's order.

A recent settlement of a class action lawsuit may be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans previously denied disability benefits.

Jim, a 58-year-old veteran was struck by a stroke and rendered him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly pension payment, but he wonders what could be done to minimize the effect on his other sources of income.