The Most Hilarious Complaints We ve Heard About Veterans Disability Claim
Veterans Disability Litigation
A lawyer can help a veteran to file an initial claim for disability benefits or contest a VA decision. But, the law in place today prohibits lawyers from charging for assistance with a claim for the first time.
Monk claims that the VA denied his claim to benefits due to PTSD and an unfavorable discharge. The VA offers a comprehensive appeals process to correct any unfavorable decisions.
What Is an VA Disability Claim?
A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an income-based benefit 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 in active duty or through service-related injuries.
The most straightforward condition to establish is Tinnitus (ringing in the ear). It is a condition that occurs when you hear sounds ringing in your ears, a hissing sound, buzzing sounds, or other sounds that are only able to hear them.
Sciatica is among the most frequently encountered conditions. Sciatica happens when a herniated disc or bone spur compresses your sciatic nerve. The sciatic nerve is located in the lower part of your spine through your hips, buttocks, and down your legs. The buttocks and lower legs may be affected by pain and the sensation of numbness.
Post Traumatic Stress (PTSD) is the third easiest condition to be considered for. It is a condition that occurs when you experience recurring nightmares, extreme anxiety, depression or uncontrollable thoughts about an event which occurred during your military service. You can get the PTSD rating that you are entitled to by making a compelling claim and citing an event that occurred during your service. A traumatizing brain injury is among the most simple condition to be considered for and usually comes with an PTSD diagnosis.
How do I file a VA Disability Claim?
There are several procedures to follow to file an application. You must first submit medical evidence, such as a doctor’s opinion and lab results, firm or the X-rays that prove your condition meets VA’s definition of disability. It's often helpful to have your lawyer collect and submit this evidence as part of your initial filing to ensure that it is more easily processed by the VA.
The next step is to take the Compensation and Pension (C&P) examination. A federal VA rater will administer this test. They will examine your physical and psychological symptoms to determine whether you are eligible for disability benefits. You should have all the required documentation in order to increase your chances of obtaining benefits.
You will receive a decision letter when the C&P examiner has reviewed your medical evidence and finishes the exam. The letter will contain an introduction, the decision of your disability and the amount of disability, a listing and a description of all medical evidence that was reviewed and the reasons behind their decision.
If your claim is denied or you receive an amount that does not pay for all the ailments you are suffering from, our firm can assist in the appeals process. We can assess the reasons for your claim being denied and prepare a comprehensive and strategic appeal to end the matter in your favor.
How Do I Challenge a VA Decision?
VA has three routes to choose from when a person disagrees with the decision. First a Senior Reviewer can review the same evidence to determine whether the original decision could alter based on a divergence of opinion or omission. This is a great option for a claimant who does not have any new evidence to present and it can be completed within the 125 days.
Second, you can submit a Supplemental Claim. It is an appeal where a veteran may add new evidence, but it has to be new and relevant. It could also include non-medical evidence like lay statements (sworn declarations from people who understand how your disability affects you). This type of appeal should be submitted within one year from the date of a decision.
Thirdly you can make a formal complaint to the Board of veterans disability lawyer Appeals. This requires 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 that will outline what laws and regulations were used to make the decision, along with a list of evidence considered and it will describe the reasons behind the decision as either favorable, unfavorable, or indeterminate.
The final option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most difficult and expensive route, but it might be the only way to get a fair result for your client.
How much will a lawyer Charge for Appeals?
A seasoned disability attorney will help you understand the appeals process. They can quickly determine what was lacking from your initial claim to allow it to be reviewed and help you decide the best method to appeal the decision. The job includes examining the reasons behind denial, assisting you in preparing medical evidence to support your claim, and presenting the evidence in a professional manner.
If a court orders a disabled veteran to pay alimony ordered by the court or child support, that veteran isn't able to disregard the order and continue to collect VA compensation benefits. This is a well-known law and there are penalties for ignoring the court's order.
A recent settlement in a class action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands of veterans who previously were not eligible for disability benefits to receive lifetime benefits.
Jim, a 58-year-old veteran, suffered an stroke that made him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know whether the $100,000 settlement will affect his eligibility for these benefits. Jim is aware that he must to show that he is in need of the monthly pension payment, but he is wondering what he can do to minimize the impact on his other income sources.
