The No. 1 Question Everyone Working In Veterans Disability Claim Should Know How To Answer

Veterans Disability Litigation

Lawyers can assist veterans file an initial disability claim or challenge an VA decision on the claim. At present, lawyers aren't permitted to charge for initial claims.

Monk claims that the VA refused to grant him benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process to rectifying any decisions that are not in the best interest of the public.

What is a VA Disability Claim (VAD)?

A VA disability claim is an application for tax-free monthly benefits. Compensation is a cash benefit to cover expenses such as medical care and housing assistance. Dependency and Indemnity Compensation offers the parents, spouses, and children of Service members who have died on active duty or because of disability related to service.

Tinnitus is the most frequently reported disorder. It is a symptom that manifests when you hear sounds ringing in your ears, hissing or buzzing sounds, or other sounds that you cannot hear them.

Sciatica is one of the more common conditions to be diagnosed with. Sciatica can occur when a herniated disc or bone spur can compress the sciatic nerve. This nerve runs from your lower spine, through your buttocks, hips and down your legs. The numbness and pain are felt in the buttocks, lower legs and feet, and can be very severe.

The 3rd most simple condition to be eligible for is Post Traumatic Stress Disorder (PTSD). It's when you have repeated nightmares, extreme anxiety, depression or uncontrollable thoughts about an event that happened in your military service. You can achieve the PTSD rating that you deserve by making a convincing claim and citing an event that happened during your service. A traumatic head injury is the fourth most straightforward condition to be considered for and is typically associated with a PTSD diagnosis.

How Do I File a claim for VA Disability?

To file a claim, you'll need to follow the steps. First, you must submit medical evidence like medical opinions and lab reports as well as Xrays to prove that your condition meets the VA's definition of disability. It's often helpful 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 must then undergo an examination for Compensation and Pensions (C&P). A federal VA rater will perform this test. They will examine your physical and emotional symptoms to determine if you qualify for disability benefits. You should have all the documentation required to increase your chances of receiving benefits.

You will receive a decision letter once the C&P examiner has reviewed your medical evidence and completes the exam. It will include an introduction, a statement of your disability status and specific amount, a list of the medical evidence they reviewed and a description of the reasons why they did not choose you in deciding.

Our firm is able to assist with the appeals procedure if your claim was denied or you have received a rating which does not adequately compensate you for the symptoms you are experiencing. We can assist you in appealing an appeal against a denial by preparing a comprehensive appeal.

How can I 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 examine the same evidence over again and determine if the initial decision can be changed based on difference of opinion or an error made. This is a good option for a person who does not have new evidence to provide and it can be completed in one hundred and fifty days.

The second option is to make an Supplemental Claim. This is an appeal process where the veteran can present new evidence, however it must be to be new and relevant. It can also include non-medical evidence like lay statements (sworn declarations from people who understand how your condition affects you). This type of appeal must be submitted within one year after a decision.

A third option is to file a formal appeal with the Board of Veterans Appeals. This is done by submitting the VA Form 21-0958, also known as a Notice Of Disagreement. The regional office will draft an SOC (Statement of the Case) when the appeal is filed. This will contain a list of evidence taken into consideration, the regulations and laws used to make the decision, and the reasons why the decision was 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 costly and time-consuming 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 an appeal?

A skilled veteran disability attorney provides clarity to 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. The job involves analyzing the reasons behind denial, helping you develop medical evidence to support your case and presenting the evidence in a way that is appropriate.

If a court orders that disabled veterans disability lawyer pay alimony or child maintenance, the veteran cannot ignore this order and continue receive VA compensation benefits. This is a widely-recognized law and there are consequences for violating a court order.

A recent settlement in a class-action lawsuit could be a major victory for veterans with PTSD. Medical News Today reports the settlement will enable thousands of veterans disability lawsuit who previously had to be not eligible for disability benefits to receive lifetime benefits.

Jim the veteran, who is 58 years old who suffered a stroke that rendered him permanently disabled. He is a pensioner from the VA, but also SSI and Medicaid payments. Jim is interested in knowing whether his $100,000 settlement will impact his ability to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he wonders what he can do to minimize the impact on his other income sources.