5 Laws That ll Help The Veterans Disability Claim Industry

Veterans Disability Litigation

A lawyer may help a veteran file an initial disability claim or challenge an VA decision on the claim. However, current law prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk alleges that the VA denied his claim to benefits based on PTSD and an unfavorable discharge. The VA offers a comprehensive appeals process to correct any unfavorable decisions.

What Is a VA Disability Claim?

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

The most straightforward condition to establish is Tinnitus (ringing in the ear). This condition occurs when you hear ringing, hissing, buzzing, or other sounds coming from the ear of one or both and is only heard by you, in contrast to those who have it.

Sciatica is among the more common conditions. Sciatica is a condition that occurs when a herniated disk or bone spur puts pressure on your sciatic nerve. The sciatic nerve is located in your lower spine, through your buttocks, hips, and down your legs. The buttocks and lower legs may be affected by discomfort and lawsuit the sensation of numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to be eligible for. This occurs when you experience repeated nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about a specific event that occurred during your military service. A convincing proof of the claim accompanied by a stressor that occurred in the course of service can help to get the PTSD rating you are entitled to. A head injury that is traumatic is the fourth easiest condition to be considered for and is typically associated with the PTSD diagnosis.

How do I submit a claim for VA Disability?

There are a variety of procedures to follow to make an claim. First, you must submit medical evidence, such as medical opinion from a physician, lab results and X-rays, to show that your condition falls within VA's definition of disability. It is generally beneficial to have a lawyer gather the medical evidence and submit it as part of your initial application, so that the VA can review it more easily.

Then, you'll have to take a Compensation and Pension (C&P) exam. A federal VA rater will perform this exam. They will assess your physical and mental health to determine if you are eligible for disability benefits. You should have all the necessary documentation in order to maximize your chances of obtaining benefits.

After the C&P examiner has looked over the medical evidence you submitted and has completed the examination and analyzed your medical evidence, you will receive a decision letter. This letter will contain an introduction, a determination of your impairment and the amount of disability, a listing and a an explanation of the medical evidence considered, and any reasons for their decision.

Our firm can help you with the appeals process in case your claim has been rejected or if you've received a rating that does not compensate you adequately for the conditions you are experiencing. We can assist you in appealing a denial of your claim by preparing a comprehensive appeal.

How can I contest a VA decision?

VA has three routes to consider when a claimant disagrees with the decision. First a Senior Reviewer can review the same evidence and determine whether the original decision could be changed due to a change of opinion or error. This option is available to claimants who don't have any new evidence to prove. It can be completed within about 125 days.

The second alternative 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 relevant and new. It may also contain non-medical evidence, such as lay statements. These are sworn statements by those who know how your disability affects. This type of appeal must be filed within one year from the date of a decision.

A third alternative is to make a formal appeal to the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) after the appeal has been filed. This will include a list evidence that was considered, as well as the regulations and laws used to arrive at the decision and the reasons behind why the decision was favorable, unfavorable or indeterminate.

The final option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most costly and difficult path, but it may be the only option to ensure a fair outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A skilled veteran disability lawyer brings clarity to the appeals process. He or she will quickly determine what was missing from your initial claim to be eligible for review and will assist you in deciding the best method to appeal a decision. The job involves analyzing the reasons for refusal, helping you create medical evidence to prove your case, and presenting the evidence in a professional manner.

If a judge or a judge orders a disabled veteran pay court-ordered alimony or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are consequences when you do not comply with a court order.

A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of veterans disability lawyer who had previously been denied disability benefits.

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