scottsburg veterans disability law firm Disability Litigation
A lawyer can help veterans file an initial disability claim or contest an VA decision on the claim. However, current law prevents lawyers from charging fees for assistance in filing an initial claim.
Monk claims that the VA denied benefits due to PTSD, and the discharge was not favorable. The VA has a lengthy appeals process to correct any unfavorable determinations.
What is 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 like housing assistance and medical care. Dependency and Indemnity Compensation offers the parents, spouses, and children of Service members who have died on active duty or because of disability related to service.
Tinnitus is by far the most frequently reported disorder. The symptom is when you hear ringing, hissing, buzzing or other sounds from the ear of one or both and can only be heard by you, as opposed to other people who have it.
Sciatica is one of the most common ailments. It is caused by a herniated disk 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 numbness and pain can be felt in the buttocks and lower legs as well as the feet and can be severe.
Post Traumatic Stress (PTSD) is the third most straightforward condition to be eligible for. It is a condition that occurs when you experience recurring nightmares, extreme anxiety, depression, or thoughts that are uncontrollable regarding a specific incident which occurred during your military service. A convincing defense of the claim accompanied by the source of the stressor during service can help you receive the PTSD rating you deserve. A traumatic brain injury is the 4th most common condition to be considered for and usually accompanies the PTSD diagnosis.
How Do I File a claim for VA Disability?
There are many steps to follow to file an claim. You must first submit medical evidence, including the opinion of a doctor and lab results as well as the X-rays that prove your condition is within VA's definition of disability. It is often beneficial to have your lawyer collect and submit this medical evidence as part of the initial filing to ensure that it is more easily processed by the VA.
You will then have to undergo an exam called Compensation and Pensions (C&P). A federal VA rater will perform this exam. They will assess your physical and psychological symptoms in order to determine if you're eligible for disability benefits. It's important to have the necessary documentation prior to undergoing this test to maximize your chances of obtaining the benefits you deserve.
After the C&P examiner has examined the medical evidence you submitted and has completed the examination you will be issued the decision letter. This letter will contain an introduction,
vimeo the decision of your disability and the amount of disability, a listing and a the description of all medical evidence that was considered and the reasons for their decision.
If your claim is rejected or you receive an unjustified rating that doesn't compensate you for all of the symptoms that you suffer from, our company can assist with the appeals process. We can assess the reason for the denial and craft a comprehensive and strategic appeal to resolve the matter in your favor.
How do I challenge a VA decision?
VA provides three options to those who are dissatisfied with a decision. The first is a Higher-Level Review where a senior reviewer will analyze the same evidence and determine whether the original decision is because of a difference of opinion or an error that was made. This is a great option for a claimant who does not have new evidence to show and can be completed in 120 days.
The second option is to file a Supplemental Claim. It is an appeal where the veteran can provide additional evidence, but it must be new and relevant. It may also contain non-medical evidence, such as lay statements. These are statements that are sworn by people who understand the way your disability affects you. This type of appeal must be filed within one year following the decision.
Thirdly, you can make a formal complaint to the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) when the appeal has been filed. This will comprise a list of the evidence considered, as well as the laws and regulations utilized to reach the decision and the reasons why the decision was favorable, not favorable, or indeterminate.
If the BVA decision is affirmed, the final option is to appeal the decision to a federal appeals court. This is the most difficult route and may be costly, however it is the only way to ensure the best possible outcome for your client.
What is the average amount a lawyer can charge for an appeal?
A skilled veteran disability lawyer provides clarity to the appeals process. He or she can quickly determine what is missing from your initial claim to be eligible for review. They will also help you determine the best method to appeal an appeal. Analyzing the reasons for the rejection, and assisting you with developing medical evidence to support your claim,
Vimeo and presenting your evidence in a professional manner are all necessary steps.
If a court or a judge orders a disabled veteran pay alimony or child support, the veteran isn't allowed to ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and carries a penalty if you violate an order of a court.
A recent settlement in a class-action lawsuit could be a significant victory for veterans with PTSD. Medical News Today reports that the settlement will provide lifetime benefits for a large number of
decatur veterans disability law firm previously denied disability benefits.
Jim, a 58-year-old veteran was struck by a stroke and rendered him permanently disabled. He is a pensioner from the VA but also receives SSI and Medicaid payments. Jim is curious to know whether the $100,000 settlement will affect his eligibility to receive these benefits. Jim is aware that he must to prove that he is in need of the monthly pension payment, but he is wondering how he could minimize the impact on his other income sources.