24-Hours To Improve Veterans Disability Claim

Veterans Disability Litigation

Lawyers can assist a veteran file an initial disability claim or challenge the VA decision on the claim. Currently, lawyers are not permitted to charge for initial claims.

Monk alleges that the VA denied his claim to benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process to fixing any erroneous decisions.

What is an VA Disability Claim?

A VA disability claim is an application 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 provides a monetary payment to parents, spouses, and children of Service members who have died on active duty or due to service-related injuries.

The most straightforward condition to be diagnosed with is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear ringing, hissing, buzzing or other sounds in the ear of one or both and can only be heard by you, in contrast to others who also have it.

Sciatica is another of the easier conditions to be able to treat. It is caused by an injured disk or bone spur puts pressure on the sciatic nerve which runs from your lower back through your buttocks and hips, and down each leg. Numbness and pain are felt in the buttocks, lower legs and feet and can be severe.

Post Traumatic Stress (PTSD) is the third condition that is easy to be considered for. It is a condition that occurs when you experience repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable regarding a specific incident that occurred during your military service. A convincing argument in support of the claim accompanied by the stressor that occurred during your service may help you receive the PTSD rating you deserve. A head injury that is traumatic is the fourth easiest condition to be considered for and usually comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

There are a number of procedures to follow to start an application. The first step is to submit medical evidence such as the opinion of a doctor and lab reports as well as Xrays to prove that your condition falls within the VA's definition of disability. It is often helpful to get a lawyer to gather the medical evidence and submit it with your initial application so that the VA can review it faster.

You must then undergo a Compensation and Pensions (C&P). The exam will be conducted by a federal VA rater who will review your physical and medical conditions to determine whether or not you are eligible for disability benefits. It is crucial to have the proper documentation before undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

You will receive a letter of decision when the C&P examiner reviews the medical evidence you submitted and has completed the exam. This letter will contain an introduction, a determination of your disability, the amount as well as a list and an explanation of the medical evidence 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've received a rating that does not adequately compensate you for the ailments you're experiencing. We can assist you in appealing an appeal against a denial through the preparation of a comprehensive appeal.

How can I contest a VA decision?

VA offers three options to those who are dissatisfied with the decision. First, a Senior Reviewer will look over the same evidence and determine if the original decision can be changed due to a change of opinion or absence. This is a good option for a claimant that does not have any new evidence to provide and Firm it can be completed in one hundred and fifty days.

Then, you can file an Supplemental Claim. This is an appeal in which veterans disability law firm can provide new evidence, but it has to be fresh and relevant. It can also include nonmedical evidence, such as lay statements. These are sworn statements from people who are aware of how your disability affects you. This appeal must be filed within one year following a decision.

Thirdly you can file a formal complaint with the Board of raleigh veterans disability law firm Appeals. This is done by filing a VA Form 21-0958, also known as a Notice of Disagreement. Once the appeal is filed the regional office will prepare a Statement of Case or SOC that will outline the laws and regulations that were used in reaching the decision, along with a list of the evidence taken into consideration and will explain why the decision was made as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed then the only option left is to appeal the case to a federal appeal court. This is the most challenging option and can be expensive, but it could be the only way to get an appropriate outcome for your client.

How much will a lawyer charge for an appeal?

A seasoned disability attorney can help you understand the appeals process. They will quickly determine what is missing from your claim to make it eligible to be reviewed and help you decide on the best method to appeal a ruling. The job includes examining the reasons for denial, assisting you in preparing medical evidence to support your case and presenting the evidence in a proper way.

If the court orders that a disabled veteran pay child maintenance or alimony, the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for violating an order of a court.

A recent settlement of a class action lawsuit may be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will result thousands of veterans who had previously been not eligible for disability benefits to receive lifetime benefits.

Jim is a 58-year veteran who suffered a stroke which left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his expected $100,000 settlement will affect his ability to claim these benefits. Jim is aware that he must to show that he is in need of the monthly pension payment, but he's wondering how he can reduce the impact on his other income sources.