10 Veterans Disability Claim Meetups You Should Attend

south Bend Veterans disability lawsuit Disability Litigation

Lawyers can assist a veteran file an initial disability claim or South Bend Veterans Disability Lawsuit contest a VA decision regarding the claim. However, the law currently prohibits lawyers from charging for assistance with the initial claim.

Monk claims that the VA denied him benefits based on PTSD, and a discharge that was not favorable. The VA has a lengthy appeals procedure to rectify any erroneous determinations.

What Is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is an unpaid benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) offers the parents, spouses and children of Service members who died during active duty or from their service-connected disabilities.

The easiest disability to establish is Tinnitus (ringing in the ear). The symptom is when you notice a hissing, ringing buzzing, or other sounds in one or both ears and is only heard by you, and not to those who have it.

Sciatica is one of the most frequent conditions. Sciatica happens when a herniated disc or bone spur puts pressure on the sciatic nerve. The sciatic nerve runs from the lower part of your spine through your buttocks and hips and down your legs. The buttocks and lower legs can be affected by discomfort and numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can be able to qualify for. There are times when you experience frequent nightmares, extreme anxiety, depression, or uncontrollable thoughts about an event that occurred during your military service. A convincing proof of the claim accompanied by the stressor that occurred during your service can help you receive the PTSD rating you are entitled to. A brain injury that is traumatic is the fourth most straightforward condition to be eligible for and usually comes with a PTSD diagnosis.

How do I file a VA Disability Claim?

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

Next, you must undergo an Compensation and Pension (C&P) exam. It will be administered by an official from the federal VA rater who will review your physical and psychological symptoms to determine if you are eligible for disability benefits. It is crucial to have the required documentation prior to taking the exam so that you can maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has reviewed the medical evidence you submitted and has completed the examination, you will receive the decision letter. The letter will include 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 is able to assist in completing the appeals process if your claim was denied or you have received a rating that does not compensate you adequately for the conditions you are experiencing. We can assess the reason your claim was denied and craft a comprehensive and strategic appeal to resolve the issue in your favor.

How can I contest a VA decision?

VA has three avenues to follow when a claimant disagrees with the decision. First an Senior Reviewer will examine the same evidence and determine if the original decision can alter based on a divergence of opinion or an exclusion. This is a viable option for a claimant who does not have new evidence to show and it can be completed within the 125 days.

Second, you can submit a Supplemental Claim. It is an appeal in which an individual with a disability can submit new evidence, but it must be new and relevant. It could also include non-medical evidence, like lay statements. These are sworn statements by those who know how your disability affects. This type of appeal must be made within a year of a decision.

Thirdly, you can submit a formal complaint to the Board of veterans disability lawyer Appeals. This is done by submitting the VA Form 21-0958, also known as 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 reach the decision, as well as a list of evidence that was taken into consideration and will explain the reasons for the decision as either favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court if the decision of the BVA is upheld. This is the most difficult path and is costly, but it could be the only way to get the best possible outcome for your client.

What is the cost a lawyer will Charge for appeals?

A veteran disability lawyer can assist to clarify the appeals procedure. He or she will quickly determine what is missing from your initial claim to allow it for review. They will also help you decide the best method to appeal a decision. The job includes examining the reasons behind denial, assisting you in preparing medical evidence to back your case and presenting your evidence in a correct manner.

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

A recent settlement of a class action lawsuit may be a significant win for veterans with PTSD. Medical News Today reports the settlement will result thousands of veterans disability who had previously been denied disability benefits from receiving lifetime benefits.

Jim is a 58-year veteran who suffered a stroke that rendered him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim wants to know what the expected $100,000 settlement will affect his ability to claim these benefits. Jim knows that he has to show that he has financial need to continue receiving the monthly pension payment, but he is wondering what can be done to reduce the impact on his other sources of income.