The Most Sour Advice We’ve Ever Been Given About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can assist a veteran to submit an initial claim for disability, or contest an VA decision. However, current law prevents lawyers from charging for assistance with the initial claim.

Monk claims that the VA denied his claims for benefits based on PTSD and an unfavorable discharge. The VA has a long 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 provides a cash payment to pay for things like housing assistance and medical care. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses and children of Service members who died during active duty or from service-related disabilities.

The easiest disability to establish is Tinnitus (ringing in the ear). This is a symptom that is triggered when you hear a ringing sound in your ears, hissing or buzzing sounds, or other sounds however, you are unable to hear them.

Sciatica is among the more common conditions. Sciatica is a condition that occurs when a herniated disc bone spur can compress the sciatic nerve. This nerve runs from your lower spine through your hips, buttocks, and down your legs. The numbness and pain are felt in the buttocks, lower leg and feet and can be severe.

The 3rd most simple condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares, extreme anxiety or depression, or uncontrollable thoughts about an incident that occurred during your military service. A convincing proof of the claim using the stressor that occurred during service can help you achieve the PTSD rating you deserve. A traumatizing brain injury is the fourth most straightforward condition to qualify for and typically comes with a PTSD diagnosis.

How do I file a VA Disability Claim?

To file a claim you’ll need to follow certain steps. First, you need to submit medical evidence like medical opinions and lab reports as well as Xrays to prove that your condition is within the VA’s definition of disability. It is a good idea to have a lawyer gather the medical evidence and submit it with your initial application so that the VA can review it more easily.

You must then undergo an exam called Compensation and Pensions (C&P). It will be administered by a federal VA rater who will examine your symptoms and physical condition to determine if you are eligible for disability benefits. It is essential to have the necessary documentation prior to undergoing this exam so that you can maximize your chances of receiving the benefits you deserve.

You will be issued a letter of decision when the C&P examiner reviews the medical evidence you submitted and has completed the examination. This letter will include an introduction, the determination of your disability and amount, a list and the description of all medical evidence that was reviewed, and any reasons for their decision.

If your claim is denied or you receive a rating that doesn’t compensate you for all of the symptoms that you are suffering from, our firm will assist in the appeals process. We can help you appeal the denial of your claim by preparing a thorough appeal.

What can I do to challenge a VA decision?

VA has three avenues to take when a claimant disagrees with a decision. First, a Senior Reviewer will examine the same evidence and determine if the original decision can be altered due to a difference of opinion or an absence. This is an option for claimants who don’t have any new evidence to support their claim. The process can be completed in 125 days.

The other alternative is to make an Supplemental Claim. This is an appeal where lafayette veterans disability lawsuit can provide new evidence, but it has to be new and relevant. It can also include nonmedical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects you. This appeal has to be filed within a year following the decision.

Another alternative is to make a formal appeal to the Board of beachwood veterans Disability law firm Appeals. This is done by filing a VA Form 21-0958, a Notice of Disagreement. The regional office will prepare an SOC (Statement of the Case) once the appeal has been filed. This will contain a list of evidence taken into consideration, the laws and regulations used to arrive at the decision and the reasons behind why the decision was favorable, not favorable, or indeterminate.

If the BVA decision is upheld then the only option left is to refer the case to a federal appeals court. This is the most difficult option and may be costly, however it is the only option to obtain a fair result for your client.

What is the cost a lawyer will Charge for appeals?

A skilled veteran disability lawyer can help you understand 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 way to appeal a ruling. Reviewing the reasons for decision, assisting you in making medical evidence to back your claim, and presenting your evidence in a way that is appropriate is all necessary steps.

If the court orders that a disabled veteran pay child maintenance or alimony, the veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-recognized law and there are penalties for breaking an order of a court.

A recent settlement in a class-action lawsuit could be a huge victory for nederland veterans disability lawyer suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a number of veterans who were previously denied disability benefits.

Jim is a veteran of 58 years was struck by a stroke and rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim is curious to know whether his $100,000 settlement will affect the ability to receive these benefits. Jim recognizes that he must demonstrate that he is financially in need to continue receiving the monthly Pension payment, but he is wondering what can be done to reduce the effect on his other sources of income.