9 Lessons Your Parents Taught You About Veterans Disability Claim

Veterans Disability Litigation

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

Monk claims that the VA denied benefits due to PTSD and an unfavourable discharge. favorable. The VA has an extensive appeals process for correcting any unfavorable decisions.

What Is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash payment to pay for things like housing assistance and medical care. Dependency and Indemnity Compensation (DIC) provides an amount of money to spouses, children and parents of Service members who died while on active duty, or from their service-connected disabilities.

Tinnitus is among the top most common disability. This is a sign that occurs when you hear a ringing in your ears, hissing, buzzing sounds, or other sounds however, you are unable to hear them.

Sciatica is among the most common ailments. Sciatica is a condition that occurs when a herniated disk or bone spur compresses the sciatic nerve. This nerve runs from the lower part of your spine through your buttocks, hips and down your legs. The lower and buttocks are susceptible to being affected by pain and feeling of numbness.

The 3rd most simple condition to be diagnosed with is Post Traumatic Stress Disorder (PTSD). It's when you have frequent nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event which occurred during your military service. A strong statement in support of the claim by citing the stressor that occurred in the course of service can help receive the PTSD rating you are entitled to. A head injury that is traumatic is the fourth most straightforward condition to be considered for, and it usually comes with an PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim, you must follow certain steps. You must first present medical evidence, including the opinion of a doctor, lab results and the X-rays that prove your condition meets VA’s definition of disability. It's usually beneficial to have your lawyer collect and submit this medical evidence in your initial filing so that it can be more easily processed by the VA.

You then need to go through an examination for Compensation and Pensions (C&P). A federal VA rater will administer the exam. They will assess your physical and emotional symptoms to determine if you're eligible for disability benefits. It is essential to have the necessary documentation prior to undergoing this test to maximize your chances of receiving the benefits you deserve.

You will be issued a letter of decision once the C&P examiner has reviewed your medical evidence and finishes the examination. This will contain an introduction, a determination of your disability rating as well as a the specific amount, a list of the medical evidence they reviewed and a description of the reasons they decided against you in deciding.

Our firm can help you in completing the appeals process if your claim has been denied or you have received a rating which does not adequately compensate you for the symptoms you are experiencing. We can assess the reason your claim was denied and draft a thorough and strategic appeal to end the issue in your favor.

How do I challenge a VA decision?

VA has three avenues to follow when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and determine if the initial decision is in light of a disagreement or an error made. This is a great option for a person who has no new evidence to submit and it can be completed within 120 days.

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

Thirdly you can make a formal complaint to the Board of Veterans Appeals. This is done by filing an 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 the laws and regulations used to make the decision, and a list of evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed, the final option is to refer the case to a federal appeals court. This is the most difficult route and is costly, but it could be the only way to get a fair result for your client.

How much will a lawyer charge for an appeal?

A seasoned disability attorney provides clarity to the appeals process. He or she will swiftly determine what is missing from your claim to make it eligible to be reviewed and assist you in deciding the best method to appeal a ruling. Reviewing the reasons for decision, assisting you in creating medical evidence to support your claim, and presenting this evidence in a way that is appropriate is all part of the job.

If a court decides that a disabled veteran must pay alimony, alimony that was ordered by a court, or child support, that veteran cannot ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and there are penalties for violating the order of a judge.

A recent settlement in a class action lawsuit could be a huge victory for arlington heights veterans disability attorney suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans who had previously been denied disability benefits.

Jim is a 58 year old veteran who suffered an injury to the brain that left him permanently disabled. He is a pensioner from the VA but also SSI and lawyers Medicaid payments. Jim would like to know whether the $100,000 settlement will impact his ability to receive these benefits. Jim realizes that he has to prove that he's in need of the monthly Pension payment, but he's not sure how he could minimize the impact on his other income sources.