9 . What Your Parents Teach You About Veterans Disability Claim
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Veterans Disability Litigation
A lawyer can help veterans file a first disability claim or contest a VA decision regarding the claim. Lawyers are currently not allowed to charge for the initial claims.
Monk claims that the VA denied benefits due to PTSD, disability and a discharge that was not favorable. The VA has a long appeals procedure to rectify any erroneous decisions.
What is a VA Disability Claim (VAD)?
A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash payment to pay for things such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to spouses, children and parents of service members who have died while on active duty or due to their service-related disabilities.
The most straightforward condition to claim is Tinnitus (ringing in the ear). This condition occurs when you hear ringing, hissing, buzzing or other sounds in one or both ears. The sound is only heard by you, as opposed to others who also suffer from it.
Sciatica is another of the easier conditions to qualify for. It occurs when a herniated 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. The buttocks and lower legs can be affected by the pain and the sensation of numbness.
The most common condition you can be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety, depression, or a recurring thought of an incident that took place during your military service. You can get the PTSD rating you are entitled to by making a compelling claim and citing a stressful event that happened during your service. A traumatic head injury is the fourth easiest condition to prove and usually comes with the PTSD diagnosis.
How do I apply for a VA Disability Claim?
There are many steps that must be taken to file an application. First, you need to submit medical evidence such as the opinion of a doctor, lab reports and X-rays to establish that your condition falls within the VA's definition of disability. It's often helpful to have your lawyer collect and submit this evidence in your initial application so that it can be easier to process by the VA.
Then, you'll have to take a Compensation and Pension (C&P) exam. It will be administered by a federal VA rater who will evaluate your symptoms and physical condition to determine whether or not you qualify for disability benefits. You should have all the necessary documentation in order to maximize your chances of receiving benefits.
You will receive a letter of decision when the C&P examiner has reviewed the medical evidence you submitted and has completed the exam. This letter will contain an introduction, the determining of your disability and amount, a list and details of all medical evidence that was considered, and any reasons for their decision.
If your claim is denied or you are awarded an unjustified rating that doesn't compensate you for all of the symptoms that you are suffering from, our firm will assist with the appeals process. We can assess the reason your claim was denied and then prepare a thorough and strategic appeal to settle the issue in your favor.
How can I challenge a VA Decision?
VA provides three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and decide if the original decision can be changed in light of a disagreement or an error made. This is a possibility for those who don't have new evidence to provide. It can be completed within 125 days.
Then, you can file an Supplemental Claim. This is an appeal process where a veteran can add new evidence, but it has to be original and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn statements of people who understand how your disability affects you). This type of appeal should be filed within one year from the date of a decision.
Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This is done by submitting a VA Form 21-0958, also known as a Notice of Disagreement. The regional office will prepare an SOC (Statement of the Case) when the appeal has been filed. This will contain a list of the evidence taken into account, the laws and regulations utilized to arrive at the decision and the reasons for 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 of the BVA is upheld. This is the most costly and difficult option, but it could be the only option to get a fair outcome for your client.
What is the cost a lawyer will Charge for Appeals?
A skilled veteran disability lawyer brings clarity to the appeals process. He or she will swiftly identify what is lacking from your claim, making it eligible for review and help you decide on the best way to appeal a ruling. The task involves analyzing the reasons behind refusal, helping you create medical evidence to back your case and presenting your evidence in a correct manner.
If a judge requires a disabled veteran to pay alimony or child support, that veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for breaking the court's order.
A recent settlement in a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans disability lawyers who had previously been denied disability benefits.
Jim is a 58 year veteran who suffered a stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim wants to know what the expected $100,000 settlement will affect his ability to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he wonders how he could minimize the impact on other income sources.
A lawyer can help veterans file a first disability claim or contest a VA decision regarding the claim. Lawyers are currently not allowed to charge for the initial claims.
Monk claims that the VA denied benefits due to PTSD, disability and a discharge that was not favorable. The VA has a long appeals procedure to rectify any erroneous decisions.
What is a VA Disability Claim (VAD)?
A VA disability claim is a request for monthly benefits that are tax-free. Compensation provides a cash payment to pay for things such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to spouses, children and parents of service members who have died while on active duty or due to their service-related disabilities.
The most straightforward condition to claim is Tinnitus (ringing in the ear). This condition occurs when you hear ringing, hissing, buzzing or other sounds in one or both ears. The sound is only heard by you, as opposed to others who also suffer from it.
Sciatica is another of the easier conditions to qualify for. It occurs when a herniated 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. The buttocks and lower legs can be affected by the pain and the sensation of numbness.
The most common condition you can be able to qualify for is Post-Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety, depression, or a recurring thought of an incident that took place during your military service. You can get the PTSD rating you are entitled to by making a compelling claim and citing a stressful event that happened during your service. A traumatic head injury is the fourth easiest condition to prove and usually comes with the PTSD diagnosis.
How do I apply for a VA Disability Claim?
There are many steps that must be taken to file an application. First, you need to submit medical evidence such as the opinion of a doctor, lab reports and X-rays to establish that your condition falls within the VA's definition of disability. It's often helpful to have your lawyer collect and submit this evidence in your initial application so that it can be easier to process by the VA.
Then, you'll have to take a Compensation and Pension (C&P) exam. It will be administered by a federal VA rater who will evaluate your symptoms and physical condition to determine whether or not you qualify for disability benefits. You should have all the necessary documentation in order to maximize your chances of receiving benefits.
You will receive a letter of decision when the C&P examiner has reviewed the medical evidence you submitted and has completed the exam. This letter will contain an introduction, the determining of your disability and amount, a list and details of all medical evidence that was considered, and any reasons for their decision.
If your claim is denied or you are awarded an unjustified rating that doesn't compensate you for all of the symptoms that you are suffering from, our firm will assist with the appeals process. We can assess the reason your claim was denied and then prepare a thorough and strategic appeal to settle the issue in your favor.
How can I challenge a VA Decision?
VA provides three options to claimants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence again and decide if the original decision can be changed in light of a disagreement or an error made. This is a possibility for those who don't have new evidence to provide. It can be completed within 125 days.
Then, you can file an Supplemental Claim. This is an appeal process where a veteran can add new evidence, but it has to be original and relevant. It can also be accompanied by non-medical evidence like lay statements (sworn statements of people who understand how your disability affects you). This type of appeal should be filed within one year from the date of a decision.
Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This is done by submitting a VA Form 21-0958, also known as a Notice of Disagreement. The regional office will prepare an SOC (Statement of the Case) when the appeal has been filed. This will contain a list of the evidence taken into account, the laws and regulations utilized to arrive at the decision and the reasons for 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 of the BVA is upheld. This is the most costly and difficult option, but it could be the only option to get a fair outcome for your client.
What is the cost a lawyer will Charge for Appeals?
A skilled veteran disability lawyer brings clarity to the appeals process. He or she will swiftly identify what is lacking from your claim, making it eligible for review and help you decide on the best way to appeal a ruling. The task involves analyzing the reasons behind refusal, helping you create medical evidence to back your case and presenting your evidence in a correct manner.
If a judge requires a disabled veteran to pay alimony or child support, that veteran cannot ignore the order and continue to receive VA compensation benefits. This is a well-known law and there are penalties for breaking the court's order.
A recent settlement in a class action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a number of veterans disability lawyers who had previously been denied disability benefits.
Jim is a 58 year veteran who suffered a stroke that rendered him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim wants to know what the expected $100,000 settlement will affect his ability to receive these benefits. Jim knows that he needs to prove that he is in need of the monthly Pension payment, but he wonders how he could minimize the impact on other income sources.
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