10 Meetups On Veterans Disability Claim You Should Attend
Veterans Disability Litigation
A lawyer can help veterans submit an initial claim for disability or to challenge an VA decision. However, current law prevents lawyers from charging for assistance with a claim for the first time.
Monk claims that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA has an extensive appeals process for making amends to any decision that is not favorable.
What is a VA Disability Claim?
A VA disability claim is an application for tax-free monthly benefits. Compensation provides a cash payment to cover expenses such as housing and medical expenses. Dependency and Indemnity Compensation provides the spouses, parents and children of Service members who died on active duty or as a result of disabilities related to service.
Tinnitus is the most commonly reported condition. The symptom is when you hear ringing, hissing, buzzing, or other sounds coming from one or both ears. The sound is only heard by you, and Veterans Disability Litigation 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 disc bone spur compresses the sciatic nerve. This nerve runs from your lower spine through your buttocks, hips and down your legs. The numbness and pain can be felt in the buttocks and lower legs as well as the feet and can be severe.
The third most straightforward condition to be eligible for is Post Traumatic Stress Disorder (PTSD). You may have frequent nightmares, extreme anxiety or depression, or uncontrollable thoughts about an event that occurred during your military service. A convincing defense of the claim with a stressor that occurred during service can help you get the PTSD rating you are entitled to. A traumatic brain injury is the 4th most common condition to be considered for and usually accompanies a PTSD diagnosis.
How do I submit a claim for VA Disability?
There are a number of steps that must be taken to start an application. You must first submit medical evidence, such as a doctor’s opinion, lab results and X-rays, to prove that your condition falls within VA's definition of disability. It's usually helpful to have your lawyer collect and submit this evidence as part of the initial filing so that it can be easier to process by the VA.
You will then have to undergo an examination for Compensation and Pensions (C&P). A federal VA rater will conduct the exam. They will assess your physical and mental health in order to determine if you're eligible for disability benefits. You should have all the required documentation in order to increase your chances of obtaining 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 include an introduction, a determination of your impairment and the amount, a list and details of all medical evidence they considered, and any reasons for their decision.
If your claim is denied or you receive a rating that doesn't provide you with all the ailments you are suffering from, our firm can assist you in appealing the decision. We can determine the reasons behind why your claim was denied and then prepare a thorough and strategic appeal that will resolve the matter in your favor.
How Do I Challenge a VA Decision?
VA has three paths to follow when a claimant disagrees with a decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence and determine if the initial decision is valid because of a difference of opinion or an error that was made. This is a possibility for applicants who don't have new evidence to support their claim. It can be completed within the 125 days.
The other alternative is to file a Supplemental Claim. It is an appeal in which veterans disability lawyer can add new evidence, but it must be relevant and new. It can also be accompanied by non-medical evidence such a lay statements (sworn statements from those who understand how your condition affects you). This appeal must be filed within a year after a decision.
Another option is to file a formal appeal with the Board of veterans disability attorneys Appeals. This is done by submitting an VA Form 21-0958, a Notice Of Disagreement. Once the appeal is filed, the regional office will prepare an Statement of the Case or SOC which will identify the laws and regulations that were utilized in determining the decision, as well as a list of evidence that was considered and it will describe the reasons behind the decision as either favorable, unfavorable, or indeterminate.
If the BVA decision is upheld, the final option is to appeal the decision to a federal appeal court. This is the most difficult route and can be expensive but it is the only method to get an equitable outcome for your client.
What is the cost a lawyer will charge for an appeal?
A seasoned disability attorney can help you understand the appeals process. They can quickly determine what was lacking from your initial claim to make it eligible to be reviewed and help you decide the best method to appeal the decision. The job includes examining the reasons behind the denial, helping you to develop medical evidence to support your claim, and presenting the evidence in a way that is appropriate.
If a court orders that disabled veterans disability lawyers pay child maintenance or alimony, the veteran cannot ignore this order and continue receive VA compensation benefits. This is a well-known law and there are penalties for violating the order of a judge.
A recent settlement in a class-action lawsuit could be a major victory for veterans disability claim suffering from PTSD. Medical News Today reports the settlement will allow thousands veterans who were previously denied disability benefits from receiving lifetime benefits.
Jim, a 58-year-old veteran had a stroke that made him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his expected $100,000 settlement will affect his eligibility to receive these benefits. Jim knows he has to prove that he's in need of the monthly Pension payment, but he's wondering how he can reduce the impact on his other income sources.
