The 10 Most Scariest Things About Veterans Disability Claim

high point veterans disability law firm Disability Litigation

A lawyer may help cobleskill veterans disability attorney file a first disability claim or challenge a VA decision regarding the claim. However, current law prevents lawyers from charging fees for assistance in filing an initial claim.

Monk claims that the VA denied his claim for benefits in the context of PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure to rectify any erroneous determinations.

What is a VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation (DIC) provides the parents, spouses and children of deceased Service members in active duty or through service-related injuries.

The most simple condition to prove is Tinnitus (ringing in the ear). This is a symptom that manifests when you hear a ringing in your ears, hissing or buzzing sounds, or any other sounds, but only you can hear them.

Sciatica is another of the easier conditions to qualify for. It is caused by an injured disk or bone spur puts pressure on the sciatic nerve which runs from your lower back through your buttocks and hips, and down each leg. Numbness and pain are felt in the buttocks and lower legs as well as the feet. It can be quite severe.

Post Traumatic Stress (PTSD) is the third most common condition that you can be eligible for. It is possible to experience recurring nightmares or extreme anxiety or Vimeo depression, or uncontrollable thoughts 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 happened during your service. A brain injury that is traumatic is the fourth most straightforward condition to qualify for and is usually associated with a PTSD diagnosis.

How do I file a VA Disability Claim?

There are a number of procedures to follow to submit a claim. You must first present medical evidence, like the opinion of a doctor, lab results and X-rays, to prove that your condition is within VA’s definition of disability. It is often beneficial to have your lawyer gather and submit this evidence in your initial application to ensure that it is more easily processed by the VA.

Then, you must undergo an exam called Compensation and Pensions (C&P). A federal VA rater will perform this test. They will look at your physical and psychological symptoms to determine if you qualify for disability benefits. You should have all the necessary documentation in order 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 examination. This letter will include 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 any reasons for their decision.

Our firm can help you with the appeals process in case your claim was denied or you have received a rating that does not adequately compensate you for the conditions you are experiencing. 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 routes to choose from when a person is not happy with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence again and determine if the original decision is valid due to a difference of opinion or an error Vimeo made. This is a possibility for those who do not have new evidence to support their claim. The process can be completed in 125 days.

Then, you can file 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 be accompanied by non-medical evidence like lay statements (sworn statements of people who are aware of how your disability affects you). This type of appeal should be submitted within one year after a decision.

Another alternative is to make a formal appeal to the Board of Veterans Appeals. This involves filing a Notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) when the appeal is filed. This will comprise a list of the evidence taken into account, the laws and regulations utilized to arrive at the decision and the reasons 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 confirmed. This is the most challenging option and can be expensive but it is the only way to ensure a fair result for your client.

How much will a lawyer charge for an appeal?

A skilled veteran disability attorney will help you understand the appeals process. They can quickly determine what is missing from your initial claim to make it eligible for review and will assist you in choosing the most effective method to appeal the decision. The job includes examining the reasons behind denial, helping you develop medical evidence to support your claim, and presenting the evidence in a way that is appropriate.

If a court or a judge orders a disabled veteran pay court-ordered alimony or child support, that veteran is not able to ignore the order and continue to collect VA compensation benefits. This is a law that is well-known and there are penalties for violating the order of a judge.

A recent settlement of a class action lawsuit could be a major win for veterans with PTSD. Medical News Today reports the settlement will result thousands of veterans who previously were not eligible for disability benefits to receive lifetime benefits.

Jim is a 58 year old veteran who suffered a stroke which left him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim would like to know if his $100,000 settlement will affect his eligibility for these benefits. Jim understands that he must show that he has financial need to continue receiving the monthly pension payment, but he is wondering what can be done to reduce the impact on other sources of income.