salem veterans disability law firm Disability Litigation

A lawyer can assist a veteran file an initial disability claim or challenge an VA decision on the claim. Currently, lawyers are not permitted to charge for initial claims.

Monk alleges that the VA refused to grant him benefits in the context of PTSD and an unfavorable discharge. The VA has an extensive appeals process for fixing any erroneous decisions.

What is an VA Disability Claim (VAD)?

A VA disability claim is a request for monthly benefits that are tax-free. Compensation offers a cash reward to cover things like medical care and housing assistance. Dependency and Indemnity Compensation (DIC) provides a monetary benefit to spouses, children and parents of deceased Service members while on active duty or through service-related injuries.

Tinnitus is by far the most frequent ailment. This condition occurs when you notice a hissing, ringing buzzing, or other sounds coming from one or both ears and can only be heard by you, and not to others who also suffer from it.

Sciatica is one of the most frequently encountered conditions. It happens when an injured disk or bone spur causes compression of the sciatic nerve which runs from your lower back to your buttocks and hips as well as down each leg. The pain and numbness are felt in the buttocks, lower leg and feet. It can be quite severe.

The most common condition you can be eligible for is Post Traumatic Stress Disorder (PTSD). You may experience recurring nightmares, extreme anxiety or depression, or an uncontrollable thoughts about an incident that happened during your military service. A convincing argument in support of the claim using a stressor that occurred during your service can help you achieve the PTSD rating you merit. A brain injury that is traumatic is the fourth most straightforward condition to be considered for and typically comes with a PTSD diagnosis.

How Do I File a claim for VA Disability?

In order to file a claim, you need to follow the steps. You must first present medical evidence, including the opinion of a doctor and lab results as well as X-rays, to show that your condition meets VA’s definition of disability. It is usually beneficial to have a lawyer collect this medical evidence and submit it with your initial application so that the VA will be able to process it more easily.

Then, you have to pass the Compensation and Pension (C&P) test. This is conducted by an federal VA rater who will assess your physical and psychological symptoms to determine if you qualify for disability benefits. You should have all the documentation required in order to increase your chances of receiving benefits.

Once the C&P examiner has assessed your medical evidence and completed the examination, you will receive a decision letter. The letter will include an introduction, a decision of your disability rating as well as a the exact amount, a list of the medical evidence they considered and a statement of any reasons they decided against you in deciding.

If your claim is rejected or you receive a rating that doesn't cover all of the ailments you are suffering from, our firm can assist you in appealing the decision. We will determine the reason for the reason for the denial and then prepare a thorough and strategic appeal to end the matter in your favor.

What can I do to challenge a VA decision?

VA offers three options for claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence over again and determine if the initial decision is due to a difference of opinion or an error that was made. This is a viable option for a claimant that has no new evidence to submit and can be completed in the 125 days.

The second alternative is to file a Supplemental Claim. It is an appeal where an individual with a disability can submit new evidence, but it has to be new and relevant. It may also contain non-medical evidence, like lay statements. These are sworn statements by those who know how your disability affects you. This appeal has to be filed within one year after a decision.

A third alternative is to file a formal appeal with the Board of bowie veterans disability lawyer Appeals. This is done by submitting the VA Form 21-0958 or a Notice of Disagreement. Once the appeal is filed, the regional office will prepare a Statement of the Case or SOC which will describe what laws and regulations were used to reach the decision, along with a list of the evidence considered and it will describe why the decision was made as either favorable, unfavorable or indeterminate.

If the BVA decision is upheld then the only option left is to appeal the decision to a federal appeals court. This is the most challenging option and can be expensive but it is the only method to get the best possible outcome for your client.

What is the cost a lawyer will charge for an appeal?

A seasoned disability attorney provides clarity to the appeals process. He or she will quickly identify what was missing from your initial claim to make it eligible for review and will help you determine the best method to appeal an appeal. The job includes examining the reasons for refusal, helping you create medical evidence to prove your case and presenting the evidence in a way that is appropriate.

If a court orders that a disabled veteran pay alimony or child maintenance and child maintenance, the veteran can't ignore this order and continue to receive VA compensation benefits. This is a law that is well-known and there are penalties for ignoring the court's order.

A recent settlement in a class action lawsuit could be a major victory for veterans suffering from PTSD. Medical News Today reports the settlement will allow thousands Sevierville Veterans Disability Attorney who had previously been not eligible for disability benefits to receive lifetime benefits.

Jim an 58-year-old veteran was struck by a stroke and caused him to be permanently disabled. He receives a pension from the VA, but also SSI and Medicaid payments. Jim is curious to know the impact of his $100,000 settlement on his affect the ability to receive these benefits. Jim understands that he must prove that he has the financial need to continue receiving the monthly Pension payment, but he wonders what could be done to minimize the impact on other sources of income.