9 Lessons Your Parents Taught You About Veterans Disability Claim

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A lawyer can help veterans make an initial claim for disability, or challenge a VA decision. Currently, lawyers are not allowed to charge for initial claims.

Monk claims that the VA denied him benefits based on PTSD, and a discharge that 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 is cash benefits that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) provides the spouses, children and parents of service members who have died while on active duty, Veterans Disability or through service-related injuries.

Tinnitus is by far the most frequent ailment. It is a symptom that can be experienced when you hear a ringing sound in your ears, hissing, buzzing sounds, or other sounds that you cannot hear them.

Sciatica is among the most common ailments. It can occur when an injury to the disk or bone spur causes compression of the sciatic nerve which runs from your lower back, through your buttocks and hips as well as down each leg. The numbness and pain are felt in the buttocks, lower legs and feet, and can be very severe.

Post Traumatic Stress (PTSD) is the third most common condition that you can be considered for. This occurs when you experience constant nightmares, extreme anxiety or depression or uncontrollable thoughts about an event that occurred during your military service. You can earn the PTSD rating that you merit by making a solid claim and citing an event that happened during your service. A traumatizing brain injury is the 4th most common condition to be considered for and typically comes with the PTSD diagnosis.

How do I file a VA Disability Claim?

In order to file a claim, you need to follow a few steps. First, you must provide medical evidence, such as an opinion from a doctor, lab reports and 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 the medical evidence and submit it with your initial application, so that the VA can review it faster.

Then, you have to pass another Compensation and Pension (C&P) test. A federal VA rater will conduct this exam. They will assess your physical and emotional symptoms in order to determine whether you are eligible for disability benefits. You must have all the necessary documentation to maximize your chances of obtaining benefits.

Once the C&P examiner has reviewed the medical evidence you submitted and has completed the exam and analyzed your medical evidence, you will receive a decision letter. It will include an introduction, a declaration of your disability rating and specific amount, a list of the medical evidence they reviewed and a statement of any reasons why they did not choose you when they made their decision.

If your claim is rejected or you receive a rating that does not provide you with all the symptoms that you suffer from, our firm can assist with the appeals process. We can determine the reasons behind the reason your claim was denied and draft a thorough and strategic appeal to resolve the issue in your favor.

How can I contest a VA decision?

VA has three routes to consider when a claimant disagrees with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and determine if the original decision can be changed in light of a disagreement or an error that was made. This is an option for those who do not have new evidence to support their claim. The process can be completed in one hundred and fifty days.

The second option is to make an Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be new and relevant. It can also include non-medical evidence like lay statements (sworn declarations from people who know how your disability affects you). This type of appeal must be filed within one year of a decision.

A third option is to submit a formal appeal to the Board of Veterans Appeals. This is done by filing a VA Form 21-0958, also known as a Notice of Disagreement. The regional office will prepare an SOC (Statement of the Case) once the appeal has been filed. This will comprise a list of evidence taken into consideration, the laws and regulations used to reach the decision and the reasons behind why the decision was favorable, not favorable, or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is upheld. This is the most difficult option and can be expensive but it could be the only way to get the best possible outcome for your client.

What is the cost a lawyer will Charge for Appeals?

A veteran disability lawyer can assist to clarify the appeals process. He or she will swiftly determine what is missing from your claim, making it eligible to be reviewed and help you determine the best method to appeal a ruling. Analyzing the reasons for the decision, assisting you in creating medical evidence to support your claim, and presenting your evidence in an appropriate way are all aspects of the job.

If the court orders that a disabled veteran pay alimony or child maintenance, the veteran cannot ignore the order and continue receive VA compensation benefits. This is a well-recognized law and there are penalties for breaking the court's order.

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

Jim the veteran, who is 58 years old, suffered an stroke that made him permanently disabled. He is a pensioner from the VA and also SSI and Medicaid payments. Jim would like to know how his expected $100,000 settlement will affect his ability to receive these benefits. Jim knows that he has to show that he has financial need to continue receiving the monthly Pension payment but wonders what can be done to minimize the impact on his other sources of income.