How To Solve Issues Related To Veterans Disability Claim

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A lawyer can help a veteran to start a claim for disability benefits or contest the validity of a VA decision. However, current law prohibits lawyers from charging for assistance with an initial claim.

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

What is an VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash benefit to pay for things like medical care and housing assistance. Dependency and Indemnity Compensation provides an amount of money to parents, spouses and children of Service members who have passed away on active duty or due to disabilities related to service.

Tinnitus is among the top most common disability. This is a symptom that occurs when you hear hissing, ringing, buzzing or other sounds in either or both ears. It is only heard by you, in contrast to others who also have it.

Sciatica is one of the most common ailments. Sciatica occurs due to a herniated disc, or bone spur puts pressure on your sciatic nerve. The sciatic nerve is located in your lower spine through your hips, buttocks, and down your legs. The lower and buttocks are susceptible to being affected by pain and numbness.

Post Traumatic Stress (PTSD) is the third easiest condition to qualify. You may experience recurring nightmares, extreme anxiety, depression, or a recurring thought about an incident that occurred during your military service. You can earn the PTSD rating that you are entitled to by making a compelling claim and citing a stressful event that happened during your service. A traumatic head injury is the fourth most common condition to be considered for and is usually associated with an PTSD diagnosis.

How do I file a claim for VA Disability?

To file a claim you'll need to go through some steps. The first step is to submit medical evidence, such as medical opinions and lab reports as well as Xrays to prove that your condition falls within the VA's definition of disability. It is often beneficial to have your lawyer collect and submit this medical evidence in the initial filing so that it can be more easily processed by the VA.

You then need to go through an exam called Compensation and Pensions (C&P). The exam will be conducted by an federal VA rater who will review your physical and psychological symptoms to determine whether or not you qualify for disability benefits. You should have all the documentation required in order to increase your chances of obtaining benefits.

You will receive a decision letter once the C&P examiner reviews your medical evidence and passes the exam. This letter will contain an introduction, a determination of your disability and amount of your disability, a list and a the description of all medical evidence considered and the reasons for their decision.

If your claim is denied or you are awarded an unjustified rating that doesn't pay for all the issues you are suffering from, veterans disability lawyer our firm will help with the appeals process. We can assess the reasons for your claim being denied and draft a thorough and strategic appeal to settle the issue to your satisfaction.

How can I challenge a VA decision?

VA offers three options to those who are dissatisfied with a decision. First a Senior Reviewer can review the same evidence to determine if the original decision can change based on a difference of opinion or an exclusion. This is a possibility for applicants who don't have new evidence to prove. It can be completed in one hundred and fifty days.

The other alternative is to submit an Supplemental Claim. This is an appeal in which veterans disability attorney can provide new evidence, but it has to be relevant and new. It can also be accompanied by non-medical evidence, such as lay statements (sworn statements from those who understand how your condition affects you). This type of appeal should be made within a year of a decision.

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

The last option is to appeal to a federal court if the decision of the BVA is upheld. This is the most costly and difficult option, but it could be the only option to get 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. He or she will swiftly determine what is missing from your claim to make it eligible for review and help you determine the best method to appeal a decision. The job includes examining the reasons for the denial, helping you to develop medical evidence to support your claim and presenting your evidence in a proper way.

If the court orders a disabled veteran pay child maintenance or alimony the veteran is not able to ignore the order and continue receive VA compensation benefits. This is a well-recognized law and there are penalties for breaking a court's order.

A recent settlement of a class action lawsuit could be a major win for veterans disability compensation with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of veterans disability compensation who were previously denied disability benefits.

Jim is a veteran of 58 years had a stroke that made him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim is curious to know whether his $100,000 settlement will affect his eligibility for these benefits. Jim recognizes that he must show that he has financial need to continue receiving the monthly Pension payment but wonders what can be done to reduce the effect on his other sources of income.