24 Hours For Improving Veterans Disability Claim

Veterans Disability Litigation

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

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

What is an VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation is a cash benefit to pay for things such as housing assistance and medical care. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses and children of service members who have died while on active duty or because of service-related disabilities.

Tinnitus is the #1 most common disability. This is a sign 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 one of the more common conditions to be diagnosed with. It happens when an injury to the disk or bone spur compresses the sciatic nerve, which runs from your lower back through your buttocks, hips and down each leg. The lower legs and buttocks are susceptible to being affected by discomfort and feeling of numbness.

The most common condition you can qualify for is Post Traumatic Stress Disorder (PTSD). It is possible to experience recurring nightmares, extreme anxiety or depression, or an uncontrollable thoughts about an incident that occurred during your military service. You can get the PTSD rating you deserve by making a strong claim and citing a stressful event that occurred during your service. A traumatic head injury is the fourth easiest condition to get a rating for and is typically associated with the PTSD diagnosis.

How do I file a VA Disability Claim?

There are a number of procedures to follow to start a claim. First, you must submit medical evidence such as the opinion of a doctor, lab reports and X-rays to prove that your condition meets the VA's definition of disability. It is a good idea for a lawyer to collect the medical evidence and include it in your initial application, so that the VA will be able to process it more easily.

You then need to go through an exam called Compensation and Pensions (C&P). A federal VA rater will perform this exam. They will evaluate your physical and emotional symptoms in order to determine whether you are eligible for disability benefits. You must have all the necessary documentation to increase your chances of receiving benefits.

You will be issued a letter of decision when the C&P examiner has reviewed your medical evidence and finishes the exam. This letter will include an introduction, the decision of your disability and the amount of disability, a listing and a an explanation of the medical evidence that was considered, and any reasons for their decision.

If your claim is denied or you receive a rating that does not cover all of the issues you suffer from, our company can assist with the appeals process. We can help you appeal an appeal against a denial through the preparation of a comprehensive appeal.

What can I do to challenge a VA decision?

VA provides three options to applicants who disagree 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 can be changed because of a difference of opinion or an error that was made. This is a viable option for a claimant that doesn't have new evidence to provide and it can be completed within 120 days.

Then, you can submit a Supplemental Claim. This is an appeal where veterans can provide new evidence, but it has to be fresh and relevant. It could also include non-medical evidence such as lay statements (sworn declarations from people who understand how your condition affects you). This type of appeal should be filed within one year after a decision.

A third alternative is to submit a formal appeal to the Board of tyrone Veterans Disability law firm Appeals. This is done by filing a VA Form 21-0958 or a Notice of Disagreement. Once the appeal has been filed the regional office will draft a Statement of Case or SOC which will identify the laws and regulations that were utilized in determining the decision, along with a list of the evidence examined and a description of why the decision was made 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 costly and difficult option, but it could be the only option to get a fair result for your client.

How much will a lawyer charge for an appeal?

A seasoned disability attorney brings clarity to the appeals process. They'll quickly identify what is lacking from your claim to make it eligible for review and help you decide on the best method to appeal a decision. Scrutinizing the reasons for the denial, helping you in creating medical evidence to support your claim, and presenting the evidence in an appropriate way are all necessary steps.

If a court orders that disabled veterans pay alimony or child maintenance and child maintenance, the veteran cannot evade the order and continue receive VA compensation benefits. This is a well-known law and carries a penalty in the event of a violation of the court order.

A recent settlement in a class action lawsuit could be a major victory for swoyersville veterans disability attorney with PTSD. Medical News Today reports the settlement will enable thousands of veterans who previously were denied disability benefits from receiving lifetime benefits.

Jim is a 58 year old veteran who suffered an injury to the brain that left him permanently disabled. He receives a pension from the VA but also receives SSI and Medicaid payments. Jim wants to know if his $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he has 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.