13 Things About Veterans Disability Claim You May Not Have Considered > 문의하기

Veterans Disability Litigation

A lawyer can assist veterans submit an initial claim for disability, or challenge a VA decision. However, current law prohibits lawyers from charging for assistance with an initial claim.

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

What Is an VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation (DIC) offers the parents, spouses and children of Service members who died while on active duty, or due to their service-related disabilities.

Tinnitus is the most frequent ailment. It is a condition that is triggered when you hear sounds ringing in your ears, hissing or buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is another one of the most common conditions to qualify for. It can occur when a herniated disk or bone spur can compress the sciatic nerve which runs from your lower back, through your hips and buttocks and down each leg. The lower legs and buttocks are susceptible to being affected by pain and the sensation of numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be able to qualify for. You may experience recurring nightmares, extreme anxiety, depression, or uncontrollable thoughts about an incident that happened during your military service. A strong statement in support of the claim with the source of the stressor in the course of service can help receive the PTSD rating you are entitled to. Traumatic head injuries are the fourth condition that is easy to prove and is usually associated with an PTSD diagnosis.

How do I file a VA Disability Claim?

There are several steps to follow to submit a claim. The first step is to submit medical evidence such as an opinion from a doctor or lab reports, X-rays and lab reports to establish that your condition is in line with the VA's definition of disability. It is a good idea to have a lawyer collect the medical evidence and then submit it with your initial application so that the VA can review it faster.

You will then have to undergo an exam for Compensation and Pensions (C&P). A federal VA rater will take this exam. They will look at your physical and emotional symptoms to determine if you qualify for disability benefits. It's important to have the proper documentation before undergoing this test so that you maximize your chances of obtaining the benefits you deserve.

After the C&P examiner has reviewed your medical evidence and completed the examination, you will receive a decision letter. This letter will include an introduction, a determination of your impairment and the amount of disability, a listing and a an explanation of the medical evidence that was considered as well as any reasons for their decision.

Our firm can assist in the appeals process if your claim was rejected or if you've received a rating which does not compensate you adequately for the symptoms you are experiencing. We can help you appeal a denial of your claim by preparing an extensive appeal.

How do I challenge a VA decision?

VA offers three options for those who are dissatisfied with a decision. First, a Senior Reviewer will look over the same evidence and determine whether the original decision is likely to alter based on a divergence of opinion or omission. This is a great alternative for a claimant who has no new evidence to show and it can be completed within 125 days.

You can also make a Supplemental Claim. This is an appeal in which a veteran can add new evidence, but it needs to be relevant and new. It can also include nonmedical evidence, 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 of a decision.

A third option is to file a formal appeal with the Board of veterans disability law Firms Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. Once the appeal is filed the regional office will draft a Statement of the Case or SOC which will identify the laws and regulations that were used in reaching the decision, and a list of evidence that was taken into consideration and will explain the reasons for the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most costly and time-consuming route, but it might 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 procedure. He or she will quickly determine what is missing from your claim to make it eligible for review and assist you in deciding the best way to appeal a ruling. The job entails analyzing the reasons for the denial, helping you to develop medical evidence to support your case and presenting the evidence in a proper way.

If a judge or a judge orders a disabled veteran pay alimony ordered by the court or child support, that veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for violating an order of a court.

A recent settlement of a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans disability law firms who had previously been denied disability benefits.

Jim is a 58 year old veteran who suffered a stroke that left him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim wants to know how the anticipated $100,000 settlement will affect his eligibility to receive these benefits. Jim is aware that he must to prove that he is in need of the monthly pension payment, but he is wondering how he can reduce the impact on his other income sources.