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9 . What Your Parents Taught You About Veterans Disability Claim
Veterans Disability Litigation
Lawyers can assist a veteran file an initial disability claim or contest a VA decision on the claim. However, the law currently prohibits lawyers from charging fees for assistance with the initial claim.
Monk claims that the VA denied him benefits based on PTSD and a discharge that was not favorable. The VA has a lengthy appeals process to making amends to any decision that is not favorable.
What is a VA Disability Claim?
A VA disability claim is an application for monthly benefits that are tax-free. Compensation provides a cash benefit to pay for things like housing and medical expenses. Dependency and Indemnity Compensation (DIC) offers the spouses, children and parents of deceased Service members during active duty or from their service-connected disabilities.
The most common condition to prove is Tinnitus (ringing in the ear). This symptom occurs when you hear hissing, ringing, buzzing or other sounds from one or both ears and can only be heard by you, in contrast to others who also suffer from it.
Sciatica is among the most frequent conditions. It happens when an injury to the disk or bone spur causes compression of the sciatic nerve which runs from your lower back, through your buttocks, hips and down each leg. The buttocks and lower legs can be affected by the pain and feeling of numbness.
Post Traumatic Stress (PTSD) is the third most straightforward condition to be able to qualify for. It is a condition that occurs when you experience repeated nightmares, extreme anxiety, depression or uncontrollable thoughts about a specific event that took place during your military service. A convincing defense of the claim using a stressor that occurred during service can help you get the PTSD rating you merit. A traumatic head injury is the fourth easiest condition to get a rating for, and it usually comes with an PTSD diagnosis.
How do I apply for a VA Disability Claim?
There are many steps to be followed to file a claim. You must first present medical evidence, like a doctor’s opinion and lab results, or the X-rays that prove your condition is within VA's definition of disability. It is a good idea to have a lawyer gather the medical evidence and then provide it as part of your initial application, so that the VA can review it faster.
You then need to go through an exam for Compensation and Pensions (C&P). It will be administered by an official from the federal VA rater who will assess your physical and mental health to determine whether or not you qualify for disability benefits. You must have all the necessary documentation to maximize your chances of receiving benefits.
You will be issued a letter of decision when the C&P examiner has reviewed your medical evidence and completes the examination. The letter will include an introduction, a decision of your disability rating and specific amount, a list of the medical evidence they considered and a brief description of any reasons they decided against you in making their decision.
If your claim is rejected or you receive a rating that doesn't compensate you for all of the issues you suffer from, our firm can assist you in appealing the decision. We can analyze the reasons for the reasons for your claim being denied and prepare a comprehensive and strategic appeal that will resolve the matter in your favor.
How do I challenge a VA decision?
VA has three paths to follow when a claimant is not happy with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine whether the original decision can be changed in light of a disagreement or an error that was made. This is a possibility for those who do not have new evidence to provide. The process can be completed in 125 days.
The second option is to submit an Supplemental Claim. This is an appeal process where veterans disability law firm can provide new evidence but it has to be fresh and relevant. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn by people who understand how your disability affects you. This type of appeal must be made within a year following the decision.
Another option is to make a formal appeal to the Board of veterans disability attorney Appeals. This is done by filing a Notice of Disagreement using VA Form 21-0958. After the appeal has been filed, the regional office will draft a Statement of Case or disability SOC which will detail the laws and regulations used to reach the decision, along with a list of the evidence considered, and it will also explain why the decision was made as either favorable, unfavorable, or indeterminate.
If the BVA decision is upheld and the BVA decision is upheld, the last option is to refer the case to a federal appeal court. This is the most difficult and expensive path, but it may be the only way to ensure a fair outcome for your client.
How much will a lawyer Charge for appeals?
A good veteran disability attorney brings clarity to the appeals process. He or she will quickly identify what was missing from your initial claim in order to qualify it to be reviewed and help you decide the best method to appeal an appeal. The job involves analyzing the reasons behind denial, helping you develop medical evidence to support your case and presenting your evidence in a correct manner.
If a court decides that a disabled veteran must pay court-ordered alimony or child support, the veteran cannot ignore the order and continue to collect VA compensation benefits. This is a well-known law and there are penalties for ignoring a court's order.
A recent settlement in a class-action lawsuit could be a huge victory for veterans with PTSD. Medical News Today reports the settlement will allow thousands veterans who had previously been denied disability benefits to receive lifetime benefits.
Jim is a veteran of 58 years was struck by a stroke and made him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim is curious to know the impact of his $100,000 settlement on his impact his ability to receive these benefits. Jim knows he has to prove that he's in need of the monthly Pension payment, but he wonders how he can reduce the impact on other income sources.
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