13 Things About Veterans Disability Claim You May Not Have Considered

atlanta veterans disability lawyer Disability Litigation

Lawyers can assist a veteran file an initial disability claim or challenge the VA decision on the claim. However, the law currently prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk claims that the VA denied him benefits based on PTSD and the discharge was not favorable. The VA offers a comprehensive appeals process to correct any unfavorable decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit to pay for things like medical care and housing assistance. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses and children of service members who have passed away on active duty or due to service-related injuries.

Tinnitus is among the top most frequently reported disorder. This is a symptom that occurs when you hear hissing, ringing, buzzing, or other sounds coming from the ear of one or both and can only be heard by you, as opposed to those who have it.

Sciatica is another one of the most common conditions to qualify for. It is caused by a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back to your hips and buttocks and down each leg. The lower and buttocks can be affected by the pain and the sensation of numbness.

The third most straightforward condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). This occurs when you experience recurring nightmares, extreme anxiety, depression, or thoughts that are uncontrollable regarding a specific incident that took place during your military service. A convincing proof of the claim accompanied by the source of the stressor during service can help you to get the PTSD rating you deserve. A brain injury that is traumatic is the most simple condition to qualify for and usually accompanies a PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are several procedures to follow to file a claim. You must first submit medical evidence, like an opinion from a doctor or lab results, as well as X-rays to prove that your condition is within VA’s definition of disability. It is often helpful to have a lawyer collect the medical evidence and then submit it with your initial application, so that the VA can review it more easily.

Then, you have to pass the Compensation and Pension (C&P) exam. It will be administered by an federal VA rater who will review your symptoms and physical condition to determine if you qualify for disability benefits. It’s crucial to have necessary documentation prior to undergoing this exam so that you can maximize your chances of obtaining the benefits you deserve.

Once the C&P examiner has examined your medical evidence and completed the examination and analyzed your medical evidence, you will receive a decision letter. It will include an introduction, a declaration of your disability rating and specific amount, a listing of the medical evidence they considered and a list of any reasons why they decided against you when they made their decision.

If your claim is denied or you are awarded an amount that does not provide you with all the issues you are suffering from, our firm can assist in the appeals process. We can assess the reasons for your claim being denied and prepare a comprehensive and strategic appeal to resolve the issue in your favor.

How do I challenge a VA decision?

VA provides three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine if the initial decision is valid based on difference of opinion or an error made. This is a great alternative for a claimant who doesn’t have new evidence to provide and can be completed in the 125 days.

The second alternative is to file a Supplemental Claim. It is an appeal in which a veteran may 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 after a decision.

Thirdly you can file a formal complaint with the Board of Veterans Appeals. This is done by filing a VA Form 21-0958 or a Notice Of Disagreement. Once the appeal has been filed the regional office will draft an Statement of the Case or SOC which will detail the laws and regulations utilized in determining the decision, as well as a list of evidence considered and it will describe the reasons for the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is affirmed then the only option left is to appeal the decision to a federal appeal court. This is the most challenging option and is costly, but it is the only option to obtain the best possible outcome for your client.

What is the cost a lawyer will charge for an appeal?

A veteran disability lawyer can help to clarify the appeals process. He or she will swiftly determine what is missing from your claim, making it eligible for review and help you determine the best way to appeal a decision. Analyzing the reasons for the denial, helping you in developing medical evidence to support your claim, and presenting the evidence in an appropriate way is all aspects of the job.

If the court orders that disabled veterans pay child maintenance or alimony the veteran is not able to ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and there are consequences for violating the court order.

A recent settlement in a class-action lawsuit could be a major victory for howard veterans disability lawyer with PTSD. Medical News Today reports the settlement will allow thousands veterans who previously had to be denied disability benefits from receiving lifetime benefits.

Jim the veteran, who is 58 years old, suffered an stroke that rendered him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing whether his $100,000 settlement will affect the ability to receive these benefits. Jim realizes that he has to show that he is in need of the monthly pension payment, but he’s wondering what he can do to minimize the impact on other income sources.