12 Companies Leading The Way In Veterans Disability Claim

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A lawyer can help a veteran to submit an initial claim for disability benefits or challenge a VA decision. Currently, lawyers are not permitted to charge for initial claims.

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

What is what is a VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is cash benefits that can be used to pay for medical care 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 due to service-related injuries.

The most straightforward condition to prove is Tinnitus (ringing in the ear). This is a sign that manifests when you hear a ringing sound in your ears, hissing, buzzing sounds, or other sounds, but only you can hear them.

Sciatica is among the most common ailments. It happens when a herniated disc or bone spur can compress the sciatic nerve which runs from your lower back, through your buttocks and hips as well as down each leg. Lower legs and buttocks can be affected by the discomfort and feeling of numbness.

The most common condition you can be diagnosed with is Post Traumatic Stress Disorder (PTSD). This is when you experience frequent nightmares, extreme anxiety or depression, or thoughts that are uncontrollable about an incident that happened in your military service. You can get the PTSD rating you deserve by making a convincing claim and citing an event that occurred during your service. A traumatizing brain injury is among the 4th most common condition to be eligible for and typically comes with the PTSD diagnosis.

How Do I File a VA Disability Claim?

There are several steps to follow to start an claim. First, you must submit medical evidence, including medical opinion from a physician, lab results and X-rays to prove that your condition meets VA’s definition of disability. It's usually helpful to have your lawyer gather and submit this medical evidence in your initial filing so that it can be easier to process by the VA.

You must then undergo an exam for Compensation and Pensions (C&P). This is conducted by a federal VA rater who will evaluate your physical and mental health to determine whether or not you are eligible for disability benefits. It is crucial to have the necessary documentation prior to undergoing this exam so that you can maximize your chances of obtaining the benefits you deserve.

You will be issued a letter of decision once the C&P examiner reviews the medical evidence you submitted and has completed the exam. This will contain an introduction, a decision of your disability rating and specific amount, a listing of the medical evidence they considered and a statement of any reasons why they did not choose you when they made their decision.

If your claim is rejected or you are awarded an unjustified rating that doesn't provide you with all the symptoms that you suffer from, our firm will assist in the appeals process. We can analyze the reasons for the reasons for your claim being denied and draft a thorough and strategic appeal to resolve the issue in your favor.

How can I contest a VA decision?

VA offers three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine whether the original decision could be modified in light of a disagreement or an error made. This is an excellent option for a claimant that does not have new evidence to provide and can be completed within 125 days.

The other option is to file an Supplemental Claim. This is an appeal process where a veteran can add new evidence, but it needs to be fresh and relevant. It may also contain non-medical evidence, Veterans Disability Litigation such as lay statements. These are statements that are sworn from people who are aware of how your disability affects you. This type of appeal should be submitted within one year following the decision.

Thirdly you can make a formal complaint to the Board of veterans disability claim Appeals. This is done by filing a VA Form 21-0958, also known as a Notice of Disagreement. Once the appeal is filed the regional office will prepare a Statement of Case or SOC that will outline the laws and regulations that were utilized in determining the decision, and a list of the evidence examined and a description of the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court in the event that the decision of the BVA is upheld. This is the most difficult and expensive path, but it may be the only way to get a fair result for your client.

What is the cost a lawyer will charge for an appeal?

A veteran disability lawyer can assist to clarify the appeals process. They will quickly identify what is lacking from your claim to make it eligible to be reviewed and help you decide on the best way to appeal a ruling. Examining the reasons behind the rejection, and assisting you with developing medical evidence to support your claim, and then presenting this evidence in a way that is appropriate is all necessary steps.

If the court orders that disabled veterans pay alimony or child maintenance and child maintenance, the veteran cannot evade the order and continue receive VA compensation benefits. It is a widely accepted law, and there are penalties in the event of a violation of a court order.

A recent settlement in a class-action lawsuit could be a major victory for veterans disability attorney with PTSD. Medical News Today reports the settlement will allow thousands veterans who had previously been denied disability benefits, receiving lifetime benefits.

Jim is a veteran of 58 years who suffered a stroke that left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his anticipated $100,000 settlement will affect 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 his other sources of income.