fairview veterans disability law firm Disability Litigation

A lawyer can assist a veteran to make an initial claim for disability or to challenge a VA decision. At present, lawyers aren’t permitted to charge for initial claims.

Monk claims that the VA denied benefits due to PTSD and a discharge that was not favorable. The VA has an extensive appeals procedure to rectify any erroneous decisions.

What Is a VA Disability Claim?

A VA disability claim is a request for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical expenses or housing assistance. Dependency and Indemnity Compensation (DIC) provides the parents, spouses, and children of Service members who die during active duty or from service-related disabilities.

The most simple condition to claim is Tinnitus (ringing in the ear). This condition occurs when you hear a ringing, hissing buzzing or other sounds in the ear of one or both and can only be heard by you, and not to those who have it.

Sciatica is one of the most frequently encountered conditions. It happens when a herniated disc or bone spur puts pressure on the sciatic nerve which runs from your lower back, through your buttocks and hips as well as down each leg. The lower and buttocks can be affected by the pain and the numbness.

Post Traumatic Stress (PTSD) is the third most straightforward condition to be able to qualify for. You may have frequent nightmares or extreme anxiety or depression, or uncontrollable thought about an incident that happened during your military service. You can get the PTSD rating that you are entitled to by making a compelling claim and citing a stressful event that happened during your service. A head injury that is traumatic is the fourth most straightforward condition to get a rating for and is usually associated with the PTSD diagnosis.

How do I apply for a VA Disability Claim?

There are many steps to follow to start a claim. First, you must submit medical evidence such as an opinion from a doctor, lab reports and X-rays to establish that your condition is within the VA’s definition of disability. It’s usually beneficial to have your lawyer collect the medical evidence in your initial filing 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). It will be administered by an federal VA rater who will evaluate your physical and psychological symptoms to decide whether or not you qualify for disability benefits. You should have all the required documentation to increase your chances of receiving benefits.

You will receive a letter of determination after the C&P examiner has reviewed your medical evidence and passes the examination. This letter will contain an introduction, the decision of your disability and amount of disability, a listing and a description of all medical evidence they considered, and any reasons for their decision.

If your claim is denied or you receive a rating that does not cover all of the conditions you suffer from, our firm will assist you in appealing the decision. We can analyze the reasons for the reason for the denial and craft a comprehensive and strategic appeal to settle the matter in your favor.

How can I contest a VA decision?

VA has three paths to consider when a claimant is not happy with a decision. First an Senior Reviewer will review the same evidence to determine whether the original decision could be altered due to a difference of opinion or exclusion. This is an excellent option for a person who has no new evidence to show and can be completed within 120 days.

The other option is to make a Supplemental Claim. It is an appeal where the veteran can provide additional evidence, bakerconsultingservice.com but it has to be relevant and new. It could also include non-medical evidence, like lay statements. These are statements that are sworn by people who understand the way your disability affects you. This appeal has to be filed within one year following a decision.

Thirdly you can submit a formal complaint to the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) once the appeal has been filed. It will list of the evidence considered, the laws and regulations that were used to arrive at the decision and the reasons behind why the decision was favorable, not favorable, or indeterminate.

The final option is to appeal to a federal court in the event that the decision of the BVA is confirmed. This is the most difficult route and is costly, but it could be the only method to get an appropriate outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals procedure. He or she can quickly determine what is missing from your initial claim to make it eligible to be reviewed and assist you in choosing the most effective method to appeal a decision. The job includes examining the reasons behind denial, helping you develop medical evidence to support your claim and presenting the evidence in a professional manner.

If a judge orders a disabled veteran to pay alimony or child support, the veteran isn’t allowed to ignore the order and continue to collect VA compensation benefits. This is a widely-recognized law and there are penalties when you do not comply with the court order.

A recent settlement in a class-action lawsuit could be a huge victory for la habra heights veterans disability attorney with PTSD. Medical News Today reports the settlement will allow thousands Port Isabel Veterans Disability Lawsuit who previously were denied disability benefits to receive lifetime benefits.

Jim is a 58-year veteran who suffered a stroke that rendered him permanently disabled. He receives a pension from the VA and also SSI and Medicaid payments. Jim is interested in knowing how his expected $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he has to prove that he’s in need of the monthly Pension payment, but he is wondering how he could minimize the impact on other income sources.