taylorville Veterans Disability law firm Disability Litigation
A lawyer can help a veteran to file an initial claim for disability or to contest a VA decision. Lawyers are currently not allowed to charge for initial claims.
Monk alleges that the VA denied his claim to benefits based on PTSD and an unfavorable discharge. The VA has an extensive appeals procedure to rectify any unfavorable decisions.
What is what is a VA Disability Claim (VAD)?
A VA disability claim is a request for monthly benefits that are tax-free. Compensation offers a cash reward to pay for things such as housing and medical treatment. Dependency and Indemnity Compensation (DIC) provides the spouses, children and parents of Service members who died while on active duty or due to their service-related disabilities.
The most common condition to establish is Tinnitus (ringing in the ear). This is a sign that manifests when you hear a ringing sound in your ears, hissing, buzzing sounds, or any other sounds that are only able to hear them.
Sciatica is one of the more common conditions. Sciatica is a condition that occurs due to a herniated disc, or bone spur causes compression of your sciatic nerve. This nerve is located in your lower spine to your hips, buttocks, and down your legs. The buttocks and lower legs may be affected by pain and the numbness.
Post Traumatic Stress (PTSD) is the third easiest condition to be considered for. You may have frequent nightmares or extreme anxiety depression, or uncontrollable thoughts about an incident that happened during your military service. A convincing proof of the claim by citing the stressor that occurred in the course of service can help achieve the PTSD rating you deserve. A traumatic brain injury is the most simple condition to qualify for and typically comes with the PTSD diagnosis.
How do I submit a claim for VA Disability?
There are a variety of steps to be followed to file an application. First, you must submit medical evidence, such as medical opinions, 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 as part of your initial filing so that it can be easier to process by the VA.
You then need to go through a Compensation and Pensions (C&P). It will be administered by an official from the federal VA rater who will assess your physical and medical conditions to decide whether or not you qualify for disability benefits. It’s crucial to have necessary documentation prior to undergoing this test so that you maximize your chances of obtaining the benefits you deserve.
You will be issued a letter of decision when the C&P examiner reviews 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 the description of all medical evidence that was considered as well as any reasons for their decision.
Our firm can assist you in completing the appeals process if your claim was denied or if you have received a rating that is not enough to compensate you for the conditions you are experiencing. We can help you appeal the denial of your claim through the preparation of a comprehensive appeal.
How can I challenge a VA decision?
VA offers three options for applicants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence and decide if the original decision is valid due to a difference of opinion or an error that was made. This is a possibility for those who do not have new evidence to present. It can be completed within the 125 days.
The second option is to file an Supplemental Claim. This is an appeal process where a veteran can add new evidence, but it has to be relevant and new. It may also contain non-medical evidence, like lay statements. These are sworn statements by people who understand how your disability affects. This appeal must be filed within a year following a decision.
Another alternative is to make a formal appeal to the Board of pearl veterans disability attorney Appeals. This is done by submitting an VA Form 21-0958 or a Notice of Disagreement. Once the appeal has been filed the regional office will prepare a Statement of the Case or SOC which will identify what laws and regulations were used in reaching the decision, along with a list of evidence that was considered and it will describe the reasons behind the decision as either favorable, unfavorable or indeterminate.
If the BVA decision is upheld and the BVA decision is upheld, the last option is to take the case to a federal appeal court. This is the most difficult option and can be expensive but it could be the only way to get an equitable outcome for your client.
What is the average amount a lawyer can charge for an appeal?
A veteran disability lawyer can help to clarify the appeals procedure. They will quickly identify what is lacking from your claim to make it eligible for review and assist you in deciding the best method to appeal a decision. Reviewing the reasons for decision, assisting you in developing medical evidence to support your claim, and then presenting this evidence in a proper manner are all part of the job.
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 carries a penalty when you do not comply with the court order.
A recent settlement of a class action lawsuit could be a major win for veterans with PTSD. Medical News Today reports the settlement will allow thousands veterans who previously had to be denied disability benefits, receiving lifetime benefits.
Jim is a 58 year old veteran who suffered an injury to the brain that left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim is interested in knowing how his anticipated $100,000 settlement will impact his eligibility for these benefits. Jim knows that he has to prove that he has the financial need to continue receiving the monthly pension payment, but is wondering what can be done to reduce the impact on his other sources of income.