chariton veterans disability attorney Disability Litigation

A lawyer can assist veterans make an initial claim for disability or to contest a VA decision. Lawyers are currently not permitted to charge for initial claims.

Monk alleges that the VA denied his claim for benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process to correcting any unfavorable decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is a request for tax-free monthly benefits. Compensation is a cash benefit that can be used to cover medical costs or housing assistance. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses and children of Service members who have died on active duty or as a result of service-related injuries.

Tinnitus is the most frequent ailment. It is a symptom that occurs when you hear a ringing in your ears, a hissing sound, buzzing sounds, or other sounds however, you are unable to hear them.

Sciatica is one of the conditions that is easier to qualify for. Sciatica can occur when a herniated disc or bone spur puts pressure on your sciatic nerve. This nerve is located in your lower spine to your buttocks, hips and down your legs. The buttocks and lower legs can be affected by the discomfort and the numbness.

The easiest condition to be able to qualify for is Post-Traumatic Stress Disorder (PTSD). It's when you have repeated nightmares, extreme anxiety, depression, or thoughts that are uncontrollable about an event which occurred during your military service. A convincing proof of the claim by citing an event that caused stress during your service may help you get the PTSD rating you merit. A head injury that is traumatic is the fourth condition that is easy to qualify for, and it usually comes with the PTSD diagnosis.

How do I make a claim for a VA Disability?

There are several steps to be followed to start a claim. First, you must provide medical evidence like medical opinions and lab reports as well as Xrays to establish that your condition meets the VA's definition of disability. It's often helpful to have your lawyer collect and submit this medical evidence as part of the initial filing to ensure that it is easier to process by the VA.

Then, you must undergo an exam called Compensation and Pensions (C&P). This is conducted by an official from the federal VA rater who will examine your symptoms and physical condition to determine if you are eligible for disability benefits. It's crucial to have proper documentation before undergoing this test to maximize your chances of receiving the benefits you deserve.

You will receive a decision letter after the C&P examiner reviews your medical evidence and passes the examination. This letter will contain an introduction, the determining of your disability and the amount, a list and the description of all medical evidence that was considered, and any reasons for their decision.

If your claim is rejected or you receive a rating that does not cover all of the conditions you are suffering from, our firm can assist with the appeals process. We can help you appeal an appeal against a denial by preparing an extensive appeal.

What can I do to challenge a VA decision?

VA offers three options to applicants who disagree with the decision. The first is a Higher-Level Review where a senior reviewer will look at the same evidence over again and determine if the original decision can be changed in light of a disagreement or an error that was made. This is an option for applicants who don't have new evidence to provide. It can be completed in about 125 days.

The other alternative is to submit an Supplemental Claim. It is an appeal where a veteran may add new evidence, but it has to be relevant and new. 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 must be made within a year from the date of a decision.

A third option is to submit a formal appeal to the Board of Veterans Appeals. This involves 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 evidence considered, the laws and regulations utilized to reach the decision and the reasons for why the decision was favorable, unfavorable, or indeterminate.

The final option is to appeal to a federal court if the decision of the BVA is upheld. This is the most difficult option and can be expensive but it could be the only option to obtain the best possible outcome for your client.

How Much Will a Lawyer Charge for Appeals?

A veteran disability lawyer can help to clarify the appeals process. He or she can quickly determine what is missing from your initial claim in order to qualify it to be reviewed and help you decide the best method to appeal a decision. The task involves analyzing the reasons for denial, assisting you in preparing medical evidence to back your case and presenting the evidence in a way that is appropriate.

If the court orders a disabled veteran pay child maintenance or alimony, the veteran cannot ignore the order and continue receive VA compensation benefits. This is a widely-recognized law and there are penalties when you do not comply with the order of a judge.

A recent settlement of a class action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports that the settlement will result in lifetime benefits for thousands of corinth veterans disability attorney who had previously been denied disability benefits.

Jim, a 58-year-old veteran was struck by a stroke and left him permanently disabled. He has a Pension benefit from the VA but also receives SSI and Medicaid payments. Jim wants to know whether his $100,000 settlement will affect the ability to receive these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly pension payment, but is wondering what can be done to reduce the effect on his other sources of income.