The 10 Most Terrifying Things About Veterans Disability Claim

garden city veterans disability lawsuit Disability Litigation

A lawyer may help a veteran file an initial disability claim or challenge the VA decision on the claim. However, current law prohibits lawyers from charging for assistance in filing an initial claim.

Monk alleges that the VA denied his claim to benefits based on PTSD and an unfavorable discharge. The VA has a long appeals process to correct any erroneous decisions.

What is a VA Disability Claim?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an unpaid benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers financial assistance to spouses, children and parents of Service members who die during active duty or from their service-connected disabilities.

The most common condition to be diagnosed with is Tinnitus (ringing in the ear). This condition occurs when you hear hissing, ringing, buzzing or other sounds in one or both ears and is only heard by you, in contrast to other people who have it.

Sciatica is another one of the most common conditions to diagnose. It can occur when a herniated disc or bone spur causes compression of the sciatic nerve which runs from your lower back through your hips and buttocks and down each leg. The numbness and pain are felt in the buttocks, lower legs, and feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be eligible for. It’s when you have repeated nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that took place during your military service. You can get the PTSD rating that you deserve by making a strong claim and citing a stressful incident that occurred during your service. A traumatic head injury is the fourth most common condition to get a rating for and is usually associated with an PTSD diagnosis.

How do I submit a claim for VA Disability?

There are many steps to follow to make a claim. First, you must submit medical evidence, such as a doctor’s opinion and lab reports as well as Xrays to establish that your condition is within the VA’s definition of disability. It is generally beneficial to get a lawyer to gather this evidence medically and submit it as part of your initial application, so that the VA can review it faster.

Then, you’ll have to take an Compensation and Pension (C&P) exam. It will be administered by an federal VA rater who will assess your physical and medical conditions to decide whether or not you qualify for disability benefits. You must have all the necessary documentation to increase your chances of obtaining benefits.

You will be issued a letter of decision once the C&P examiner has reviewed your medical evidence and passes the exam. It will contain an introduction, a statement of your disability classification and the specific amount, a list of the medical evidence they reviewed and a statement of any reasons they decided against you in deciding.

If your claim is denied or you receive an unjustified rating that doesn’t pay for all the ailments you suffer from, our company can assist with the appeals process. We can determine the reasons behind the reason your claim was denied and then prepare a thorough and strategic appeal that will resolve the issue to your satisfaction.

How Do I Challenge a VA Decision?

VA has three avenues to consider when a claimant disagrees with a decision. First a Senior Reviewer can look over the same evidence and determine whether the original decision could alter based on a divergence of opinion or an error. This is an option for claimants who don’t have any new evidence to provide. It can be completed in one hundred and fifty days.

The second option is to file a Supplemental Claim. This is an appeal where an individual with a disability can submit new evidence, but it has to be new and relevant. It could also include non-medical evidence such as lay statements (sworn statements from those who know how your disability affects you). This type of appeal should be submitted within one year after a decision.

Another option is to submit a formal appeal to the Board of brewton veterans disability attorney Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) after the appeal is filed. This will comprise a list evidence that was considered, as well as the laws and regulations utilized to make the decision, and the reasons why the decision was favourable, unfavorable or indeterminate.

If the BVA decision is affirmed in the end, the only alternative is to take the case to a federal appeal court. This is the most costly and time-consuming path, but it may be the only way to get a fair outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A good veteran disability attorney brings clarity to the appeals process. They can quickly identify what was missing from your initial claim in order to qualify it for review. He or she will assist you in deciding the best method to appeal an appeal. The job entails analyzing the reasons behind denial, assisting you in preparing medical evidence to back your case and presenting your evidence in a correct manner.

If a judge decides that a disabled veteran must pay alimony, alimony that was ordered by a court, or child support, that veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are consequences for violating the order of a judge.

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

Jim is a 58 year old veteran who suffered a stroke which left him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim is interested in knowing whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim is aware that he must to show that he is in need of the monthly Pension payment, but he wonders how he can minimize the impact on his other income sources.