A Relevant Rant About Veterans Disability Claim
Veterans Disability Litigation
A lawyer can assist a veteran to make an initial claim for disability, or contest a VA decision. But, the law in place today prohibits lawyers from charging for assistance with an initial claim.
Monk claims that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure for making amends to any decision that is not favorable.
What is an VA Disability Claim?
A VA disability claim is a way to apply for tax-free monthly benefits. Compensation is an unpaid benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) provides the spouses, children and parents of service members who have died in active duty or due to their service-related disabilities.
The most simple condition to prove is Tinnitus (ringing in the ear). This condition occurs when you hear ringing, hissing, buzzing, or other sounds coming from the ear of one or both and can only be heard by you, as opposed to those who have it.
Sciatica is among the most frequent conditions. Sciatica is a condition that occurs when a herniated disc or bone spur compresses the sciatic nerve. The sciatic nerve runs from your lower spine to your buttocks, hips and down your legs. The lower and buttocks can be affected by pain and numbness.
The easiest condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It is a condition that occurs when you experience repeated nightmares, extreme anxiety or depression or uncontrollable thoughts regarding a specific incident which occurred during your military service. A convincing argument in support of the claim using the stressor Veterans Disability Litigation that occurred in the course of service can help to get the PTSD rating you are entitled to. A traumatizing brain injury is the easiest condition to qualify for and is usually associated with a PTSD diagnosis.
How do I make a claim for a VA Disability?
There are a variety of steps to be followed to make an claim. First, you must provide medical evidence, such as a doctor's opinion and lab reports as well as Xrays to prove that your condition is in line with the VA's definition of disability. It is usually beneficial for a lawyer to collect the medical evidence and then provide it as part of your initial application so that the VA can review it faster.
Then, you must undergo an exam for Compensation and Pensions (C&P). A federal VA rater will administer the exam. They will evaluate your physical and emotional symptoms to determine if you're eligible for disability benefits. You should have all the documentation required to increase your chances of receiving benefits.
Once the C&P examiner has assessed your medical evidence and completed the examination, you will receive an official decision letter. This letter will include an introduction, a determination of your impairment and the amount of your disability, a list and a description of all medical evidence considered and the reasons for their decision.
If your claim is rejected or you are awarded an amount that does not cover all of the issues you are suffering from, our firm will help with the appeals process. We can assist you in appealing the denial of your claim by preparing a comprehensive appeal.
What can I do to challenge a VA Decision?
VA provides three options to applicants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence over again and determine if the original decision could be modified in light of a disagreement or an error made. This is a viable alternative for a claimant who does not have any new evidence to submit and it can be completed within 125 days.
The second option is to file a Supplemental Claim. This is an appeal where a veteran can add new evidence, but it has to be original and relevant. It can also be accompanied by non-medical evidence such as lay statements (sworn statements from those who know how your disability affects you). This appeal must be filed within a year after a decision.
Thirdly you can submit a formal complaint to the Board of veterans disability case Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the case) after the appeal has been filed. It will listing of the evidence that was taken into account, the laws and regulations utilized to reach the decision and the reasons behind 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 challenging option and can be expensive but it could be the only method to get a fair result for your client.
What is the cost a lawyer will charge for an appeal?
A seasoned disability attorney provides clarity to the appeals process. He or she will quickly determine what was lacking from your initial claim in order to qualify it to be reviewed and assist you in choosing the most effective method to appeal an appeal. The task involves analyzing the reasons behind refusal, helping you create medical evidence to support your claim and presenting the evidence in a professional manner.
If a court orders that disabled veterans pay alimony or child maintenance and child maintenance, the veteran cannot evade the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for breaking an order of a court.
A recent settlement of a class action lawsuit may be a significant win for veterans disability lawsuit with PTSD. Medical News Today reports the settlement will allow thousands of veterans disability legal who previously had to be denied disability benefits from receiving lifetime benefits.
Jim is a veteran of 58 years had a stroke that made him permanently disabled. He receives a pension from the VA but also SSI and Medicaid payments. Jim is interested in knowing what the expected $100,000 settlement will affect his eligibility to receive these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly Pension payment, but is wondering what can be done to reduce the impact on his other sources of income.
