It s The Ugly Real Truth Of Veterans Disability Claim

veterans disability law firms Disability Litigation

A lawyer may help veterans disability attorneys file a first disability claim or contest a VA decision on the claim. At present, lawyers aren't allowed to charge fees 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 process for fixing any erroneous decisions.

What is a VA Disability Claim?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation offers a cash reward to pay for things like housing and medical treatment. Dependency and Indemnity Compensation (DIC) offers an amount of money to parents, spouses and children of deceased Service members while on active duty or through service-related injuries.

Tinnitus is by far the most commonly reported condition. This is a symptom that can be experienced when you hear ringing in your ears, hissing, buzzing sounds, or any other sounds that are only able to hear them.

Sciatica is one of the most frequently encountered conditions. Sciatica happens when a herniated disk or bone spur can compress your sciatic nerve. The sciatic nerve runs from the lower part of your spine through your buttocks, hips and down your legs. The lower legs and buttocks are susceptible to being affected by discomfort and feeling of numbness.

Post Traumatic Stress (PTSD) is the third condition that is easy to be eligible for. There are times when you experience frequent nightmares, extreme anxiety, depression, or a recurring thought about an incident that happened during your military service. You can obtain the PTSD rating you deserve by making a convincing claim and citing a stressful event that happened during your service. A brain injury that is traumatic is the most simple condition to be considered for and is usually associated with the PTSD diagnosis.

How do I file a claim for VA Disability?

To file a claim, you'll need to follow the steps. First, you need to submit medical evidence such as a doctor's opinion or lab report, as well as X-rays to prove that your condition is in line with the VA's definition of disability. It is often helpful to have a lawyer gather this medical evidence and submit it as part of your initial application so that the VA can review it more easily.

Next, you must undergo another Compensation and Pension (C&P) test. This will be performed by an official from the federal VA rater who will assess your physical and mental health to decide whether or not you are eligible for disability benefits. You should have all the required documentation to increase your chances of obtaining benefits.

You will be issued a letter of decision when the C&P examiner has reviewed your medical evidence and completes the exam. The letter will include an introduction, the determining of your disability and amount of disability, a listing and a the description of all medical evidence considered and the reasons behind their decision.

If your claim is denied or you are awarded an amount that does not provide you with all the issues you suffer from, our company can help with the appeals process. We can help you appeal an appeal against a denial by preparing a thorough appeal.

How do I challenge a VA decision?

VA has three paths to consider when a claimant is not happy with the decision. First the Senior Reviewer will examine the same evidence and determine whether the original decision is likely to alter based on a divergence of opinion or an omission. This is a possibility for those who don't have new evidence to prove. The process can be completed in 125 days.

The second option is to make an Supplemental Claim. It is an appeal in which the veteran can provide additional evidence, but it must be new and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn statements from people who understand how your disability affects you). This appeal has to be filed within one year after the date of a decision.

Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. Once the appeal is filed, the regional office will prepare a Statement of the Case or SOC which will identify the laws and regulations that were used to make the decision, and a list of evidence that was considered and it will describe the reasons behind the decision as either favorable, unfavorable or indeterminate.

The last option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most difficult option and can be expensive but it is the only option to obtain a fair result for your client.

What is the average amount a lawyer can charge for an appeal?

A seasoned disability attorney brings clarity to the appeals process. 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 method to appeal a decision. The task involves analyzing the reasons behind denial, helping you develop medical evidence to back your case, and presenting the evidence in a proper way.

If the court orders a disabled veteran pay alimony or child maintenance the veteran is not able to ignore this order and continue receive VA compensation benefits. This is a widely-recognized law and there are penalties when you do not comply with an order of a court.

A recent settlement of a class action lawsuit could be a significant victory for veterans disability lawyer suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of veterans previously denied disability benefits.

Jim is a 58 year old veteran who suffered an injury to the brain 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 whether his $100,000 settlement will affect the ability to receive these benefits. Jim is aware that he must to prove that he's in need of the monthly pension payment, but he is wondering what he can do to minimize the impact on his other income sources.