The 10 Most Scariest Things About Veterans Disability Claim

alva veterans disability law firm Disability Litigation

A lawyer can assist veterans file an initial claim for disability, or contest the validity of a VA decision. But, the law in place today prohibits lawyers from charging fees for assistance with an initial claim.

Monk claims that the VA denied him benefits based on PTSD and an unfavourable discharge. favorable. The VA has a lengthy appeals process to correcting any unfavorable decisions.

What Is an VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation is an income-based benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation offers an amount of money to spouses, parents and children of Service members who have passed away on active duty or as a result of disability related to service.

The most straightforward condition to be diagnosed with is Tinnitus (ringing in the ear). This is a sign that is triggered when you hear a ringing sound in your ears, hissing, buzzing sounds, or other sounds, but only you can hear them.

Sciatica is one of the most common ailments. It is caused by an injured disk or bone spur can compress the sciatic nerve which runs from your lower back, through your buttocks and hips as well as down each leg. Numbness and pain are felt in the buttocks, lower legs and feet, and can be very severe.

Post Traumatic Stress (PTSD) is the third most straightforward condition to qualify. You may experience recurring nightmares, extreme anxiety, depression, or a recurring thought about an incident that occurred during your military service. A convincing defense of the claim by citing the stressor that occurred during service can help you receive the PTSD rating you deserve. A brain injury that is traumatic is the 4th most common condition to be eligible for and usually accompanies an PTSD diagnosis.

How do I make a claim for a VA Disability?

There are many steps to follow to file an claim. First, you need to submit medical evidence, such as medical opinions, lab reports and X-rays to prove that your condition meets the VA’s definition of disability. It is a good idea to have a lawyer collect this evidence medically and provide it as part of your initial application, so that the VA can process it faster.

You will then have to undergo a Compensation and Pensions (C&P). A federal VA rater will conduct the exam. They will examine your physical and psychological symptoms to determine if you’re eligible for disability benefits. It’s important to have the necessary documentation prior to undergoing this test so that you maximize your chances of receiving the benefits you deserve.

You will receive a letter of determination once the C&P examiner has reviewed the medical evidence you submitted and has completed the exam. The letter will include an introduction, a declaration of your disability rating and the specific amount, a list of the medical evidence they reviewed and a description of the reasons why they did not choose you in making their decision.

If your claim is rejected or you receive an unjustified rating that doesn’t pay for all the ailments you are suffering from, our company can assist you in appealing the decision. We can determine the reasons behind why your claim was denied and draft a thorough and strategic appeal to resolve the matter in your favor.

How do I challenge a VA decision?

VA offers three options for those who are dissatisfied with a decision. First an Senior Reviewer will review the same evidence to determine whether the initial decision could change based on a difference of opinion or exclusion. This is a good alternative for a claimant who doesn’t have new evidence to submit and it can be completed in 120 days.

The second option is to submit an Supplemental Claim. It is an appeal in which the veteran can provide additional evidence, but it has to be new and relevant. It could also include non-medical evidence, like lay statements. These are statements that are sworn by people who understand how your disability affects. This appeal must be filed within a year after the date of a decision.

Thirdly, you can make a formal complaint to the Board of Veterans Appeals. This is done by submitting a VA Form 21-0958, a Notice of Disagreement. Once the appeal has been filed the regional office will draft a Statement of Case or SOC which will identify the laws and regulations utilized in determining the decision, along with 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 upheld then the only option left is to take the case to a federal appeals court. This is the most challenging option and may be costly, however it could be the only way to ensure an appropriate outcome for your client.

How much will a lawyer charge for an appeal?

A seasoned disability attorney provides clarity to the appeals process. They’ll quickly identify what is lacking from your claim, making it eligible to be reviewed and help you determine the best method to appeal a decision. Reviewing the reasons for denial, assisting you in developing medical evidence to support your claim, and presenting this evidence in an appropriate way is all aspects of the job.

If the court orders that 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 in the event of a violation of a court order.

A recent settlement in a class action lawsuit could be a major victory for Morgans point resort veterans Disability lawsuit with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans who had previously been denied disability benefits.

Jim is a veteran of 58 years who suffered a stroke that caused him to be permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim would like to know whether his $100,000 settlement will affect his eligibility to receive these benefits. Jim understands that he must demonstrate that he is financially in need to continue receiving the monthly pension payment but wonders what can be done to minimize the impact on other sources of income.