9 Lessons Your Parents Teach You About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help a veteran to start a claim for disability, or contest a VA decision. However, current law prohibits lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied benefits due to PTSD, and the discharge was not favorable. The VA has an extensive appeals process for correcting any unfavorable decisions.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to pay for things such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses and children of Service members who die while on active duty or from service-related disabilities.

Tinnitus is the #1 most frequent ailment. This is a sign that occurs when you hear sounds ringing in your ears, hissing or buzzing sounds, or other sounds that are only able 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. This nerve runs from your lower spine, through your hips, buttocks, and down your legs. Numbness and pain are felt in the buttocks, lower legs and feet. It can be quite severe.

The easiest condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares or extreme anxiety depression, or uncontrollable thought about an incident that happened during your military service. You can obtain the PTSD rating you deserve by making a convincing claim and citing a stressful incident that occurred during your military service. A head injury that is traumatic is the fourth most common condition to qualify for and is typically associated with an PTSD diagnosis.

How do I make a claim for a VA Disability?

To file a claim you need to follow the steps. You must first present medical evidence, like an opinion from a doctor and lab results as well as the X-rays that prove your condition is within VA's definition of disability. It is a good idea to have a lawyer gather the medical evidence and then submit it as part of your initial application so that the VA can review it more easily.

Then, you must undergo an examination for Compensation and Pensions (C&P). It will be administered by an federal VA rater who will assess your physical and psychological symptoms to decide whether or not you are eligible for disability benefits. You should have all the necessary documentation in order to increase your chances of receiving benefits.

You will be issued a letter of decision once the C&P examiner has reviewed your medical evidence and completes the examination. This letter will include an introduction, a determination of your disability and amount of disability, a listing and a an explanation of the medical evidence they considered as well as any reasons for their decision.

If your claim is denied or you are awarded an amount that does not compensate you for all of the issues you are suffering from, our firm will help with the appeals process. We can assist you in appealing the denial of your claim by preparing a comprehensive appeal.

How can I challenge a VA decision?

VA offers three options to follow when a claimant disagrees with the decision. First an Senior Reviewer will look over the same evidence and determine whether the original decision is likely to be altered due to a difference of opinion or omission. This is a good alternative for a claimant who does not have any new evidence to provide and can be completed within the 125 days.

The other option is to file a Supplemental Claim. It is an appeal where veterans disability lawyer can add new evidence, but it must be new and relevant. It may also contain non-medical evidence, like lay statements. These are sworn statements by people who understand the way your disability affects you. This type of appeal must be submitted within one year from the date of a decision.

Thirdly, you can submit a formal complaint to the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will draft an Statement of the Case or SOC which will detail the laws and regulations used to make the decision, as well as a list of the evidence examined and a description of why the decision was made as either favorable, unfavorable, or indeterminate.

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

How Much Will a Lawyer Charge for Appeals?

A skilled veteran disability attorney provides clarity to the appeals process. He or she will swiftly identify what is lacking from your claim to make it eligible for review and help you decide on the best way to appeal a ruling. The job entails analyzing the reasons for denial, helping you develop medical evidence to prove your case and presenting the evidence in a correct manner.

If a judge decides that a disabled veteran must pay alimony ordered by the court or child support, that veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for breaking the court's order.

A recent settlement in a class action lawsuit could be a huge victory for veterans suffering from PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously were not eligible for disability benefits to receive lifetime benefits.

Jim an 58-year-old veteran who suffered a stroke that left him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim is interested in knowing how the anticipated $100,000 settlement will affect his ability to claim these benefits. Jim understands that he must show that he has financial 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.