The Worst Advice We've Received On Veterans Disability Claim

Avenal Veterans Disability Law Firm Disability Litigation

A lawyer can help a veteran to make an initial claim for disability, or challenge the validity of a VA decision. However, the law currently prohibits lawyers from charging fees for assistance with a claim for the first time.

Monk alleges that the VA denied his claims for benefits because of PTSD and an unfavorable discharge. The VA offers a comprehensive appeals process to correct any unfavorable determinations.

What is an VA Disability Claim (VAD)?

A VA disability claim is a request for tax-free monthly benefits. Compensation offers a cash reward to pay for things like housing assistance and medical care. Dependency and Indemnity Compensation (DIC) offers a monetary benefit to parents, spouses, and children of Service members who died while on active duty or from their service-connected disabilities.

The most straightforward condition to claim is Tinnitus (ringing in the ear). This is a symptom that occurs when you hear a ringing, hissing buzzing or other sounds in one or both ears and can only be heard by you, as opposed to other people who have it.

Sciatica is one of the most frequent conditions. Sciatica is a condition that occurs when a herniated disc bone spur causes compression of the sciatic nerve. This nerve is located in your lower spine through your hips, buttocks, and down your legs. The lower legs and buttocks can be affected by pain and feeling of numbness.

Post Traumatic Stress (PTSD) is the third condition that is easy to be able to qualify for. You may experience recurring nightmares, extreme anxiety or depression, or an uncontrollable thoughts about an incident that happened during your military service. A strong statement in support of the claim with the stressor that occurred during your service can help you to get the PTSD rating you merit. A head injury that is traumatizing is the fourth condition that is easy to get a rating for, leewhan.com and it usually comes with a PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are a number of steps to follow to submit a claim. First, you need to submit medical evidence, such as medical opinions and lab reports as well as Xrays to prove that your condition falls within the VA's definition of disability. It is often beneficial to have your lawyer collect and submit this evidence as part of your initial application so that it can be more easily processed by the VA.

You will then have to undergo an exam called Compensation and Pensions (C&P). A federal VA rater will administer the exam. They will examine your physical and mental health to determine if you are eligible for disability benefits. It's crucial to have appropriate documentation prior to taking this exam to maximize your chances of receiving the benefits you deserve.

After the C&P examiner has looked over your medical evidence and completed the exam you will be issued a decision letter. The letter will include an introduction, a statement of your disability rating as well as a specific amount, a listing of the medical evidence they considered and a description of the reasons they ruled against you when they made their decision.

Our firm can assist you with the appeals procedure if your claim has been denied or if you have received a rating that does not compensate you adequately for the issues you are experiencing. We can help you appeal the denial of your claim by preparing an extensive appeal.

How can I contest a VA decision?

VA has three routes to consider when a claimant 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 initial decision could be modified in light of a disagreement or an error made. This is an option for those who don't have new evidence to prove. It can be completed in about 125 days.

You can also file a Supplemental Claim. It is an appeal in which an individual with a disability can submit new evidence, but it has to be new and relevant. It could also include non-medical evidence such as lay statements (sworn statements from those who are aware of how your disability affects you). This type of appeal must be made within a year after a decision.

A third option is to file a formal appeal with 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 draft a Statement of the Case or SOC which will identify what laws and regulations were utilized in determining the decision, and a list of evidence considered, and it will also explain the reasons behind the decision as either favorable, unfavorable, or indeterminate.

The last option is to appeal to a federal court if the decision from the BVA is confirmed. This is the most difficult path and is costly, but it is the only way to ensure an equitable outcome for your client.

How much will a lawyer charge for an appeal?

A seasoned disability attorney brings clarity to the appeals process. He or she can quickly determine what was missing from your initial claim to make it eligible to be reviewed and assist you in deciding the best method to appeal a decision. Scrutinizing the reasons for the denial, assisting you in creating medical evidence to support your claim, and then presenting this evidence in a way that is appropriate are all aspects of the job.

If the court orders that disabled mayfield veterans disability attorney pay child maintenance or alimony and child maintenance, the veteran can't ignore the order and continue to receive VA compensation benefits. This is a widely recognized law and carries a penalty when you do not comply with the order of a judge.

A recent settlement of a class action lawsuit may be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands of veterans disability attorney who had previously been denied disability benefits, receiving lifetime benefits.

Jim is a veteran of 58 years had a stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim would like to know if his $100,000 settlement will affect his eligibility for these benefits. Jim realizes that he needs to demonstrate that he is financially in need to continue receiving the monthly Pension payment, but he wonders what could be done to reduce the impact on his other sources of income.