The Ugly Truth About Veterans Disability Claim

Veterans Disability Litigation

A lawyer can help a veteran to file an initial claim for disability or challenge the validity of a VA decision. Lawyers are currently not allowed to charge fees for initial claims.

Monk claims that the VA denied him benefits based on PTSD and the discharge was not favorable. The VA offers a comprehensive appeals process to correct any unfavorable determinations.

What is an VA Disability Claim?

A VA disability claim is a way to apply for tax-free monthly benefits. Compensation offers a cash reward to cover things like housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides financial assistance to parents, spouses, and children of Service members who die in active duty or through service-related injuries.

The easiest disability to be diagnosed with is Tinnitus (ringing in the ear). This condition occurs when you hear ringing, hissing, buzzing or other sounds in one or both ears and can only be heard by you, as opposed to others who also suffer from it.

Sciatica is one of the most frequently encountered conditions. It can occur when an injured disk or bone spur compresses the sciatic nerve, which runs from your lower back through your buttocks and hips as well as down each leg. The pain and numbness are felt in the buttocks and lower legs as well as the feet. It can be extremely.

Post Traumatic Stress (PTSD) is the third condition that is easy to qualify. You may experience recurring nightmares or extreme anxiety depression, or a recurring thought about an event that occurred during your military service. A convincing argument in support of the claim accompanied by an event that caused stress during your service can help you receive the PTSD rating you are entitled to. Traumatic head injuries are the fourth condition that is easy to qualify for and usually comes with the PTSD diagnosis.

How Do I File a claim for VA Disability?

To file a claim, you'll need to follow certain steps. First, you need to submit medical evidence like the opinion of a doctor or lab report, as well as X-rays to establish that your condition meets the VA's definition of disability. It's usually beneficial to have your lawyer gather the medical evidence as part of your initial filing so that it can be easier to process by the VA.

Then, you have to pass the Compensation and Pension (C&P) examination. A federal VA rater will conduct the exam. They will assess your physical and emotional symptoms to determine if you're eligible for disability benefits. You should have all the required documentation in order to maximize your chances of receiving benefits.

You will receive a letter of decision after the C&P examiner reviews the medical evidence you submitted and has completed the examination. It will contain an introduction, a declaration of your disability rating and the specific amount, a list of the medical evidence they reviewed and a list of any reasons why they did not choose you in making their decision.

Our firm can assist with the appeals process in case your claim was denied or you have received a rating that doesn't adequately compensate you for the symptoms you are experiencing. We will determine the reason for why your claim was denied and draft a thorough and strategic appeal to end the matter in your favor.

How can I challenge a VA decision?

VA has three avenues to choose from when a person disagrees with the decision. First a Senior Reviewer can look over the same evidence and determine whether the original decision could change based on a difference of opinion or an error. This is a great option for a claimant that does not have any new evidence to present and it can be completed in one hundred and fifty days.

The second alternative is to file an Supplemental Claim. This is an appeal process where the veteran can present new evidence, but it needs to be original and relevant. It may also contain non-medical evidence like lay statements (sworn statements of people who understand how your disability affects you). This appeal has to be filed within a year after the date of a decision.

A third option is to submit 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 has been 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, as well as a list of evidence taken into consideration and will explain the reasons for the decision as either favorable, unfavorable or indeterminate.

If the BVA decision is affirmed in the end, the only alternative is to appeal the case to a federal appeals court. This is the most difficult and expensive path, but it may be the only option to ensure a fair outcome for your client.

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

A seasoned disability attorney can help you understand the appeals process. They'll quickly determine what is missing from your claim to make it eligible to be reviewed and help you determine the best way to appeal a ruling. Reviewing the reasons for denial, assisting you in developing medical evidence to support your claim, and then presenting this evidence in an appropriate way are all aspects of the job.

If a court requires a disabled veteran to pay alimony, alimony that was ordered by a court, or child support, that veteran isn't allowed to ignore the order and continue to collect VA compensation benefits. This is a well-recognized law and there are consequences for breaking the order of a judge.

A recent settlement in a class action lawsuit could be a huge victory for veterans disability attorneys with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of veterans disability Law firms previously denied disability benefits.

Jim is a 58-year veteran who suffered a stroke which left him permanently disabled. He receives a pension from the VA as well as SSI and Medicaid payments. Jim would like to know whether his $100,000 settlement will impact his ability to receive these benefits. Jim recognizes that he must demonstrate that he is financially in need to continue receiving the monthly pension payment, but is wondering what can be done to minimize the effect on his other sources of income.