9 . What Your Parents Taught You About Veterans Disability Claim
Veterans Disability Litigation
A lawyer can assist a veteran to make an initial claim for disability or contest an VA decision. At present, lawyers aren't allowed to charge for the initial claims.
Monk claims that the VA denied benefits due to PTSD and a discharge that was not favorable. The VA has a lengthy appeals process to correct any erroneous determinations.
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 an income-based benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to spouses, children and parents of service members who have died in active duty or due to their service-related disabilities.
Tinnitus is the #1 most frequently reported disorder. The symptom is when you hear a ringing, hissing buzzing, or other sounds in either or both ears. It can only be heard by you, and not to others who also suffer from it.
Sciatica is another of the easier conditions to be able to treat. It is caused by an injured disk or bone spur compresses the sciatic nerve, which runs from your lower back to your buttocks, hips and down each leg. The lower legs and buttocks may be affected by pain and the numbness.
The easiest condition to qualify for is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares or extreme anxiety depression, or uncontrollable thought about an incident that occurred during your military service. You can earn the PTSD rating that you deserve by making a convincing claim and citing a stressful incident that occurred during your military service. A traumatic brain injury is the fourth most straightforward condition to be eligible for and usually accompanies a PTSD diagnosis.
How do I apply for a VA Disability Claim?
To file a claim, you must follow certain steps. First, you must provide medical evidence such as medical opinions or lab reports, X-rays and lab reports to establish that your condition meets the VA's definition of disability. It is usually beneficial for a lawyer to collect this medical evidence and submit it as part of your initial application, so that the VA can process it more easily.
Then, you must undergo an exam called Compensation and Pensions (C&P). A federal VA rater will conduct this exam. They will look at your physical and psychological symptoms in order to determine if you are eligible for disability benefits. It's important to have the appropriate documentation prior to taking this test to maximize your chances of obtaining the benefits you deserve.
You will receive a letter of determination once the C&P examiner reviews your medical evidence and passes the exam. It will contain an introduction, a decision of your disability status and the exact amount, a list of the medical evidence they considered and a list of any reasons they decided against you in making their decision.
If your claim is denied or you are awarded a rating that does not compensate you for all of the conditions you are suffering from, our firm can assist with the appeals process. We can assess the reason your claim was denied and draft a thorough and strategic appeal that will resolve the issue to your satisfaction.
What can I do to challenge a VA decision?
VA offers three options for applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence over again and determine whether the original decision is valid due to a difference of opinion or an error that was made. This is an option for those who don't have new evidence to support their claim. The process can be completed within the 125 days.
The second option is to submit a Supplemental Claim. It is an appeal in which a veteran may add new evidence, but it must be new and relevant. It may also contain non-medical evidence such as lay statements (sworn declarations from people who are aware of how your disability affects you). This appeal must be filed within a year after the date of a decision.
A third option is to make a formal appeal 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 that will outline the laws and regulations that were utilized in determining the decision, a list of evidence examined and a description of why the decision was made as either favorable, unfavorable, or indeterminate.
The final option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most difficult path and can be expensive, but it is the only way to get a fair result for your client.
How Much Will a Lawyer Charge for appeals?
A veteran disability lawyer can help to clarify the appeals process. They will quickly identify what is lacking from your claim, making it eligible to be reviewed and help you decide on the best method to appeal a decision. Reviewing the reasons for denial, assisting you in preparing medical evidence to support your claim, and presenting the evidence in a professional manner is all essential to the job.
If the court orders a disabled veteran pay child maintenance or alimony and child maintenance, the veteran can't ignore this order and continue receive VA compensation benefits. This is a well-recognized law and there are penalties for violating the order of a judge.
A recent settlement in a class action lawsuit could be a major victory for veterans disability with PTSD. Medical News Today reports that the settlement will result in lifetime benefits for a large number of veterans previously denied disability benefits.
Jim the veteran, who is 58 years old who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim is interested in knowing how the anticipated $100,000 settlement will affect his ability to claim these benefits. Jim understands that he must prove that he has the financial need to continue receiving the monthly Pension payment, but he wonders what could be done to minimize the effect on his other sources of income.