How To Solve Issues Related To Veterans Disability Claim
Veterans Disability Litigation
A lawyer can assist veterans disability attorneys make an initial claim for disability benefits or challenge a VA decision. However, current law prohibits lawyers from charging for assistance with the initial claim.
Monk alleges that the VA denied his claim for benefits due to PTSD and an unfavorable discharge. The VA has an extensive appeals process to correct any erroneous determinations.
What is a VA Disability Claim?
A VA disability claim is an application for tax-free monthly benefits. Compensation provides a cash benefit to pay for things such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) offers financial assistance to parents, spouses, and children of service members who have died during active duty or through service-related injuries.
The most simple condition to claim is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear a ringing, hissing buzzing or other sounds in one or both ears and is only heard by you, as opposed to other people who have it.
Sciatica is one of the more common conditions to qualify for. It occurs when an injury to the disk or bone spur compresses the sciatic nerve, which runs from your lower back through your hips and buttocks and down each leg. The pain and numbness are felt in the buttocks, lower legs, and feet. It can be quite severe.
Post Traumatic Stress (PTSD) is the third most common condition that you can qualify. This is when you experience repeated nightmares, extreme anxiety or depression or uncontrollable thoughts about an incident that occurred during your military service. You can earn the PTSD rating you deserve by making a convincing claim and citing a stressful event that occurred during your service. Traumatic head injuries are the fourth condition that is easy to prove, and it usually comes with the PTSD diagnosis.
How do I file a claim for VA Disability?
In order to file a claim, you'll need to follow a few steps. First, you must provide medical evidence like the opinion of a doctor and lab reports as well as Xrays to prove that your condition is within the VA's definition of disability. It is often helpful for a lawyer to collect this evidence medically and submit it as part of your initial application so that the VA can review it more easily.
Then, you must undergo an exam for Compensation and Pensions (C&P). A federal VA rater will perform this exam. They will assess your symptoms and physical condition to determine if you qualify for disability benefits. You should have all the required documentation in order to maximize your chances of receiving benefits.
You will receive a letter of determination after the C&P examiner has reviewed your medical evidence and completes the examination. This will contain an introduction, veterans disability lawyer a declaration of your disability classification and specific amount, a listing of the medical evidence they considered and a list of any reasons they decided against you when they made their decision.
If your claim is denied or you receive an unjustified rating that doesn't provide you with all the symptoms that you are suffering from, our firm will assist with the appeals process. We can determine the reasons behind the reason your claim was denied and prepare a comprehensive and strategic appeal to end the issue to your satisfaction.
How do I challenge a VA Decision?
VA offers three options to applicants who disagree with the decision. First, a Senior Reviewer will review the same evidence and determine whether the original decision is likely to be changed due to a change of opinion or an absence. This is a possibility for those who do not have new evidence to present. The process can be completed in 125 days.
The second alternative is to submit an Supplemental Claim. This is an appeal in which an individual with a disability can submit new evidence, but it needs to be fresh and relevant. It may also contain non-medical evidence, such as lay statements. These are sworn statements by those who know how your disability affects you. This appeal has to be filed within one year following a decision.
Another option is to submit a formal appeal to the Board of veterans disability law disability lawyer (other) Appeals. This is done by filing an VA Form 21-0958 or a Notice Of Disagreement. The regional office will draft 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 that were used in making the decision, as well as the reasons for why the decision was favorable, unfavorable, or indeterminate.
The last option is to appeal to a federal court if the decision from the BVA is upheld. This is the most expensive and difficult route, but it might be the only option to get a fair outcome for your client.
What is the cost a lawyer will Charge for Appeals?
A veteran disability lawyer can assist to clarify the appeals procedure. They will quickly determine what is missing from your claim to make it eligible for review and help you decide on the best way to appeal a ruling. The job involves analyzing the reasons for refusal, helping you create medical evidence to support your claim, and presenting the evidence in a professional manner.
If a judge or a judge orders a disabled veteran pay alimony ordered by the court or child support, the veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are penalties for breaking the court's order.
A recent settlement in a class-action lawsuit could be a huge victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands veterans disability lawyer who were previously not eligible for disability benefits to receive lifetime benefits.
Jim is a 58 year veteran who had an injury to the brain that left him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim would like to know how his anticipated $100,000 settlement will affect his ability to receive these benefits. Jim recognizes that he must prove that he has the financial need to continue receiving the monthly Pension payment, but he is wondering what can be done to reduce the impact on his other sources of income.
