10 Tell-Tale Signs You Must See To Find A New Veterans Disability Claim

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A lawyer can assist veterans submit an initial claim for disability, or contest the validity of a VA decision. However, the law currently prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk alleges that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA has a lengthy appeals process for fixing any erroneous decisions.

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 treatment or housing assistance. Dependency and Indemnity Compensation provides cash payments to parents, spouses, and children of service members who have passed away on active duty or as a result of service-related disabilities.

Tinnitus is the most common disability. It is a symptom that manifests when you hear sounds ringing in your ears, hissing, buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is another of the easier conditions to be diagnosed with. Sciatica occurs when a herniated disc bone spur causes compression of the sciatic nerve. The sciatic nerve runs from the lower part of your spine through your buttocks and hips and down your legs. Lower legs and buttocks may be affected by discomfort and numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be considered for. It is possible to experience recurring nightmares, extreme anxiety, depression, or a recurring thought of an incident that took place during your military service. You can get the PTSD rating you deserve by making a strong claim and citing an event that occurred during your service. A head injury that is traumatic is the fourth most common condition to get a rating for and usually comes with an PTSD diagnosis.

How Do I File a VA Disability Claim?

To file a claim you'll need to go through the steps. You must first present medical evidence, including medical opinion from a physician, lab results and X-rays, to show that your condition falls within VA's definition of disability. It is a good idea to have a lawyer gather this medical evidence and provide it as part of your initial application, so that the VA will be able to process it more easily.

Then, you must undergo an exam called Compensation and Pensions (C&P). A federal VA rater will administer this exam. They will look at your physical and emotional symptoms in order to determine if you're eligible for disability benefits. You must have all the required documentation in order to increase your chances of receiving benefits.

You will receive a letter of determination when the C&P examiner has reviewed your medical evidence and finishes the examination. The letter will contain an introduction, the determination of your disability, the amount, Veterans Disability Litigation a list and description of all medical evidence that was considered as well as any reasons for their decision.

If your claim is denied or you receive a rating that does not provide you with all the ailments you are suffering from, our firm will assist in the appeals process. We can assess the reasons for your claim being denied and prepare a comprehensive and strategic appeal to settle the issue to your satisfaction.

What can I do to challenge a VA Decision?

VA has three routes to consider when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and decide if the original decision can be changed due to a difference of opinion or an error that was made. This option is available to applicants who don't have new evidence to prove. It can be completed in the 125 days.

The second alternative is to make a Supplemental Claim. It is an appeal where veterans disability attorney can add new evidence, but it must be relevant and new. It may also contain non-medical evidence, such as lay statements (sworn statements of people who are aware of how your disability affects you). This type of appeal should be made within a year after a decision.

Another alternative is to submit a formal appeal to the Board of veterans disability compensation Appeals. This is done by submitting an VA Form 21-0958 and a Notice Of Disagreement. The regional office will draft an SOC (Statement of the Case) when the appeal is filed. This will include a list of the evidence considered, the laws and regulations that were used in making the decision, as well as the reasons why the decision was favorable, not favorable, or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most costly and difficult route, but it might be the only way to get a fair result for your client.

How much will a lawyer charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals procedure. They will quickly identify what is lacking from your claim to make it eligible to be reviewed and assist you in deciding the best way to appeal a ruling. The task involves analyzing the reasons behind the denial, helping you to develop medical evidence to support your case and presenting your evidence in a way that is appropriate.

If a court or a judge orders a disabled veteran pay alimony, alimony that was ordered by a court, or child support, the veteran isn't able to disregard the order and continue to collect VA compensation benefits. This is a widely-recognized law and Veterans Disability Litigation carries a penalty when you do not comply with the order of a judge.

A recent settlement of a class action lawsuit may be a significant win for veterans disability lawsuit with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans who had previously been denied disability benefits.

Jim is a 58 year veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim is curious to know if his $100,000 settlement will impact his ability to receive these benefits. Jim knows that he has to show that he has financial need to continue receiving the monthly Pension payment, but he is wondering what can be done to minimize the impact on other sources of income.