It’s Enough! 15 Things About Veterans Disability Claim We’re Sick Of Hearing

elm grove veterans disability law firm Disability Litigation

A lawyer can assist veterans file an initial disability claim or challenge a VA decision on the claim. In the present, lawyers aren’t allowed to charge fees for initial claims.

Monk claims that the VA denied him benefits based on PTSD, and a discharge that was not favorable. The VA has an extensive appeals process for correcting any unfavorable decisions.

What is what is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit to pay for things such as housing assistance and medical care. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to parents, spouses, and children of Service members who died in active duty or from their service-connected disabilities.

The easiest disability to establish is Tinnitus (ringing in the ear). This condition occurs when you hear hissing, ringing, buzzing or other sounds from either or both ears. It is only heard by you, and not to others who also have it.

Sciatica is one of the conditions that is easier to be diagnosed with. Sciatica is a condition that occurs when a herniated disk or bone spur puts pressure on your sciatic nerve. This nerve is located in your lower spine to your buttocks, hips and down your legs. The lower legs and buttocks can be affected by discomfort and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to qualify. It’s when you have frequent nightmares, extreme anxiety, depression or uncontrollable thoughts about an event that happened in your military service. A strong statement in support of the claim accompanied by the stressor that occurred during your service can help you to get the PTSD rating you merit. A traumatizing brain injury is the easiest condition to be eligible for and usually comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

There are several procedures to follow to start a claim. You must first present medical evidence, like medical opinion from a physician, lab results and X-rays, to prove that your condition is within VA’s definition of disability. It is generally beneficial for a lawyer to collect this evidence medically and submit it with your initial application, so that the VA can process it faster.

You will then have to undergo an exam for Compensation and Pensions (C&P). A federal VA rater will perform the exam. They will assess your physical and psychological symptoms to determine if you’re eligible for disability benefits. You must have all the documentation required to maximize your chances of obtaining benefits.

After the C&P examiner has assessed the medical evidence you submitted and has completed the exam you will be issued the decision letter. The letter will contain an introduction, the determining of your impairment and the amount as well as a list and the description of all medical evidence considered and the reasons behind their decision.

Our firm is able to assist in completing the appeals process if your claim was denied or if you have received a rating which does not adequately compensate you for the symptoms you are experiencing. We can assist you in appealing a denial of your claim by preparing an extensive appeal.

How can I challenge a VA Decision?

VA has three routes to consider when a claimant disagrees with a decision. First an Senior Reviewer will examine the same evidence and determine whether the original decision could be changed due to a change of opinion or an absence. This is a viable option for a person who has no new evidence to show and it can be completed within one hundred and fifty days.

Second, you can submit an Supplemental Claim. This is an appeal where veterans can provide new evidence but it has to be original and relevant. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn by people who understand how your disability affects. This type of appeal should be filed within one year of a decision.

Thirdly you can make a formal complaint to the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will prepare a Statement of Case or SOC which will describe what laws and regulations were utilized in determining the decision, a list of evidence that was examined and a description of the reasons behind the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld in the end, the only alternative is to refer the case to a federal appeal court. This is the most costly and difficult route, but it might be the only option to obtain a fair decision for your client.

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

A skilled veteran disability lawyer can help you understand the appeals process. They can quickly determine what was missing from your initial claim to make it eligible to be reviewed and help you decide the best method to appeal an appeal. The task involves analyzing the reasons for refusal, helping you create medical evidence to back your case, and presenting the evidence in a way that is appropriate.

If a court decides that a disabled veteran must pay court-ordered alimony or child support, 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 the order of a judge.

A recent settlement of a class action lawsuit may be a significant victory for veterans suffering from PTSD. Medical News Today reports the settlement will enable thousands of river falls veterans disability lawyer who previously had to be denied disability benefits, receiving lifetime benefits.

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