10 Tell-Tale Warning Signs You Need To Buy A Veterans Disability Claim

laguna hills veterans disability lawyer Disability Litigation

A lawyer can help a veteran to start a claim for disability or to contest the validity of a VA decision. However, current law prevents lawyers from charging for assistance in filing an initial claim.

Monk alleges that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals process for making amends to any decision that is not favorable.

What is an VA Disability Claim?

A VA disability claim is an application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation offers cash payments to parents, spouses, and children of service members who have passed away on active duty or Vimeo.Com due to service-related injuries.

Tinnitus is the #1 most common disability. This is a sign that manifests when you hear sounds ringing in your ears, hissing, buzzing sounds, or any other sounds, but only you can hear them.

Sciatica is among the most frequent conditions. It can occur when a herniated disc or bone spur puts pressure on the sciatic nerve which runs from your lower back to your buttocks and hips, and down each leg. The lower and buttocks may be affected by pain and feeling of numbness.

Post Traumatic Stress (PTSD) is the third most common condition that you can be eligible for. This is when you experience recurring nightmares, extreme anxiety or depression or uncontrollable thoughts about an event that happened in your military service. A strong statement in support of the claim using the stressor that occurred during your service can help you achieve the PTSD rating you merit. Traumatic head injuries are the fourth most common condition to get a rating for and is typically associated with an PTSD diagnosis.

How do I file a claim for VA Disability?

To file a claim, you must follow a few steps. You must first present medical evidence, such as a doctor’s opinion and lab results as well as X-rays, to show that your condition falls within VA’s definition of disability. It is often helpful to have a lawyer gather the medical evidence and provide it as part of your initial application so that the VA can review it more easily.

Then, you must undergo an exam for Compensation and Pensions (C&P). This is conducted by an official from the federal VA rater who will examine your physical and psychological symptoms to decide whether or not you are eligible for disability benefits. You must have all the required documentation in order to increase your chances of receiving benefits.

Once the C&P examiner has looked over your medical evidence and completed the examination, you will receive the decision letter. It will contain an introduction, a determination of your disability rating and the specific amount, a list of the medical evidence they considered and a brief description of any reasons they ruled against you in making their decision.

Our firm is able to assist in completing the appeals process if your claim has been denied or if you have received a rating which does not adequately compensate you for the ailments you’re experiencing. We will determine the reason for the reason your claim was denied and draft a thorough and strategic appeal that will resolve the issue to your satisfaction.

How can I contest a VA decision?

VA provides three options to applicants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine whether the original decision can be changed because of a difference of opinion or an error that was made. This is an option for applicants who don’t have new evidence to provide. The process can be completed in the 125 days.

You can also submit a Supplemental Claim. This is an appeal process where veterans can provide new evidence, but it has to be new and relevant. It may also contain non-medical evidence such as lay statements (sworn statements from people who know how your disability affects you). This appeal must be filed within one year after a decision.

A third option is to file a formal appeal with the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. Once the appeal has been filed the regional office will draft an Statement of the Case or SOC that will outline the laws and regulations that were utilized in determining the decision, along with a list of evidence that was examined and a description of the reasons for the decision as either favorable, unfavorable, or indeterminate.

If the BVA decision is upheld and the BVA decision is upheld, the last option is to appeal the decision to a federal appeals court. This is the most expensive and difficult option, but it could be the only option to ensure a fair outcome for your client.

What is the average amount a lawyer can charge for an appeal?

A good veteran disability attorney can help you understand the appeals process. They can quickly identify what was missing from your initial claim to make it eligible for review and will help you decide the best method to appeal a decision. The task involves analyzing the reasons for the denial, helping you to develop medical evidence to support your claim and presenting the evidence in a correct manner.

If the court orders a disabled veteran pay alimony or child maintenance, the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and there are penalties if you violate the court 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 allow thousands veterans who previously had to be denied disability benefits to receive lifetime benefits.

Jim is a 58 year veteran who had a stroke which left him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his ability to claim these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he’s not sure how he can reduce the impact on other income sources.