Wednesday, January 25, 2023

How To File A Ptsd Claim

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What Evidence Does The Va Require For Ptsd Claims

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As a military veteran, you may be eligible for VA disability benefits for PTSD if the traumatic event you experienced occurred during your military service and you are currently experiencing symptoms.

In order to prove a service connection for PTSD, and receive VA disability compensation, you must provide evidence of the following to the VA:

  • A current, formal PTSD diagnosis from a qualified healthcare professional, or mental health professional like your doctor, therapist, or psychiatrist.
  • A statement, written by you, about the service-connected stressful event that caused your PTSD. In some cases, you may be required to provide corroborating evidence in the form of a buddy letter, your military records, police reports, newspaper articles, and more.
  • A medical nexus opinion from a VA psychologist or psychiatrist linking the current diagnosis to the in-service stressor.

Once the VA is satisfied that your PTSD is service-connected, you will receive a rating under 38 CFR § 4.130, Diagnostic Code 9411. Our team can work with you to help you understand whether or not you have enough evidence to pursue a PTSD claim.

What Is The Cost Of Filing A Ptsd Claim

There is no cost to filing a Defense Base Act claim. All costs associated with the claim will be borne by the employer. However, before workers file a claim they often experience some medical costs, such as the possible charge to see a psychologist to determine if they suffer from an emotional stress condition. However, the DBA entitles claimants to select a physician of your choiceto treat the conditions, so any charges are also reimbursed.

What To Do Before Filing A Defense Base Act Claim

Before you file a Defense Base Act Claim, you should learn whether you have the proper documents supporting your claim of injury. An attorney experienced in helping injured workers obtain workers compensation protection can review medical records supporting your claim to evaluate the potential success of your claim.

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What Happens When A Claim Is Denied By A Carrier

If your PTSD claim is denied by the insurance carrier of your employer, you may be wondering what happens next. The first thing you should do is get in touch with an experienced DBA attorney who can help you navigate the appeals process. If your claim is denied by the Department of Labor , you have the right to file a notice of appeal with the Office of Administrative Law Judges . You must do this within 30 days of receiving the denial notice. After your appeal has been filed, a hearing will be scheduled where you can present your case. If the OALJ judge denies your appeal, you can then file a petition for review with the Benefits Review Board . The BRB is composed of three judges who will review the record from your hearing and make a decision on your case. If the BRB denies your appeal, you can then file a claim in federal court. Having an experienced DBA attorney by your side at each stage of the appeals process is critical to ensuring that your rights are protected.

Whats The Difference Between A Personal Injury And Workers Compensation Claims

 How To Claim Ptsd With The Va

It can be confusing when considering a compensation claim for PTSD, whether you make a personal injury claim or a workers compensation claim. Workers compensation is an insurance-based process, and you are limited in the settlement you can receive. Personal injury claims are based on fault and your employers negligence in not protecting you or providing adequate support from the trauma at the root of your PTSD.

Damages are also limited in the world of workers comp. In workers compensation cases, you are not able to claim for damages for pain and suffering. With a PTSD personal injury claim you can recover all the damages suffered. This can be an extensive list including:

  • Loss of earnings
  • Pain and suffering
  • Loss of enjoyment of life

There are also other damages your attorney can claim if relevant to your case. Personal injury claims are the most reliable way of ensuring your employer properly compensates you for your loss due to your PTSD.

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Yes You Absolutely Can Develop Ptsd Without Ever Seeing Active Combat

PTSD develops as a result of exposure to traumatic events, and as we saw earlier when going over the basics of PTSD, there is a lot of variation to what types of trauma linger in this way.

After the earthquake that devastated Haiti in 2010, more than 15,000 American military servicemembers were sent to help with the cleanup and recovery efforts. Soldiers who returned after serving as part of Operation Unified Response had, in many cases, been exposed to potentially traumatic events that could lead them to develop PTSD, even though combat was never part of their duties there.

Physical assaults, military sexual trauma, non-combat accidents, and the deaths or suicides of fellow soldiers are all non-combat situations that can lead a veteran to develop Military Post-Traumatic Stress Disorder.

Did you find what you needed to know? Click here to jump back up to fill out the form and request your FREE VA Disability consultation. Click the blog button below to read more on non-combat PTSD and what signs and symptoms to watch for. Or keep reading to learn about military sexual trauma and PTSD, what to do if your loved one is a veteran with PTSD, and more.

Jump to: Free Consultation Form | 1. The Basics | 2. PTSD and other Mental Injuries | 3. Traumatic Brain Injury | 4. Non-combat PTSD | 5. PTSD and Military Sexual Trauma | 6. Filing a Claim | 7. Worried about a Loved One? | 8. Bluestein Attorneys Can Help

Tip #: Reach Out To Folks You Served With

Sometimes veterans are missing evidence of a PTSD stressor . You can obtain statements from people you served with and use them for your claim. Sometimes veterans records are incomplete and you need witnesses to prove you experienced a traumatic event. Remember, to obtain PTSD benefits, youre going to have to prove a traumatic event happened to you during active-duty service.

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What Am I Entitled To

Benefits are provided to those who have developed PTSD during, or as a result of, their active military service and can include: financial support with tax-free monetary payments, free or low-cost health care, rehabilitation options, employment assistance, housing grants, living support, and more.

For PTSD you will be awarded Disability Compensation, and like all benefits, the amount is based on the severity of the condition. Dependents are also considered as part of your claim, along with any payments you currently receive.

Youll begin by completing an application for the Veterans Benefits Administration department who will examine both the medical and psychological evidence of your condition.

Small Claims Court Submissions Online Portal

How to file for a VA PTSD claim Tip#5

If you submit your document through the Small Claims Court Submissions Online portal, you will receive an on-screen confirmation that your documents have been submitted but are not yet filed or issued by the court. Take a screenshot or print a copy of this screen for your records.

Court staff will review your documents within five business days to determine if they are accepted for filing or issuance. If your documents are:

  • accepted, you will receive an email confirming your documents have been filed or issued
  • rejected, you will receive an email stating your documents have not been filed or issued, the reasons for the rejection and confirming that any filing fee payment will be refunded

If your documents are rejected, you can address the issues and resubmit the revised documents and the proper court filing fee to the court.

If the court issued your document, you will receive the issued document by email.

If you have questions about the Small Claims Court Submissions Online portal, please contact the Ministry of Attorney General:

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Start Your Ptsd Claim Today

Dont hesitate to open a PTSD claim through the Defense Base Act. If you are a military contractor or work overseas for the U.S. government and you are struggling with PTSD, there is help available for you. You just have to take the first step.

Contact Barnes Law Firm today to get started with a free consultation.

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How Can I Present A Strong Ptsd Claim To The Va

Veterans with post-traumatic stress disorder connected to their military service are eligible for VA disability benefits. Although PTSD is one of the most commonly claimed mental health conditions, the process of getting approved for benefits can be lengthy. These tips can help you increase your odds of a successful outcome.

How Long Do I Have To File A Ptsd Claim

Did the VA lowball your VA PTSD rating? Here

For PTSD claims, there is no specific time limit for filing a claim, but it is generally best to do so as soon as possible after detecting that you suffer from emotional distress. PTSD claims take months or even years to develop. As a result, an experienced Defense Base Act attorney is often able to successfully prove that you suffered a “delayed onset” of PTSD. Through use of your psychologist records your attorney must prove that the emotional stress condition is linked to an event that occurred during your time employer for the government contractor on a defense contract.

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What Exactly Is Post

Post-Traumatic Stress Disorder is an anxiety disorder that can occur after a person has been through a traumatic event. These events can include:

  • Natural disasters
  • Terrorist attacks
  • Combat during wartime

During a traumatic event, people think that their life or the lives of others are in danger. They may feel afraid or feel that they have no control over what is happening. And if the person has a TBI, too, these feelings of lack of control and fear can balloon into confusion, challenges with memory, or intense emotion.

Combat-related PTSD has existed as long as war itself. The condition was called soldiers heart in the Civil War, shell shock in World War I, and Combat fatigue in World War II. Despite the fact that the condition has been around for thousands of years, it is sometimes still difficult, or controversial, to diagnose.

How To File A Defense Base Act Claim For Ptsd

To get medical benefits and wage compensation, civilian contractors should submit a PTSD claim with U.S. Department of Labor. First, employees can download and fill out LS-201 form . This can be submitted via mail to the OWCP, it can be uploaded electronically through the SEAPortal.

In addition to this form, The U.S. Department of Labor also requires that civilian contractors specifically seeking PTSD benefits provide the following information:

  • Proof of employment

  • Medical documentation with the diagnosis of PTSD

  • Proof that experiences within the warzone caused the emotional stress disorder

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Individual Unemployability Benefits & Your Ptsd Claim

Veterans that cant work because of severe PTSD may be eligible for Total Disability Individual Unemployability benefits. The VA will consider not just your PTSD but other mental and physical conditions too. PTSD Individual Unemployability benefits pay the same as a 100% rating. However, you are not required to obtain a 100% rating to be eligible. Eligibility will depend upon your rating and how much your service-connected disabilities prevent you from working.

Veterans that cant work from PTSD may be eligible for both Individual Unemployability and Social Security Disability. Remember, both benefits are completely separate from each other. Each benefit system has different eligibility guidelines. It is possible to be approved for one benefit and denied the other benefit. They each require different evidence as well.

If you cant work from your PTSD, talk to the Individual Unemployability lawyers at Woods & Woods. Our law firm has handled thousands of PTSD claims for veterans that cant work. Our law firm fights for veterans that cant work from PTSD every day.

In this video, a VA disability attorney explains how veterans with PTSD can obtain Individual Unemployability:

What Types Of Compensation Can I Obtain In A Successful Ptsd Claim

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The types workers’ compensation benefits obtainable through a successful PTSD claim under the DBA include medical expenses, income replacement, and death benefits. In order to receive these benefits, workers must file a claim with the OWCP and prove that their stress condition was caused by their job. The DBA also provides coverage for certain contractors and subcontractors working on U.S. military base or facilities. Claims of PTSD are often paid in a lump sum settlement, which is an agreement between the worker and the employer to pay all remaining benefits in one lump sum payment, rather than in periodic payments over time.

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Can I Make A Ptsd Claim Using No Win No Fee

If you are thinking about claiming PTSD compensation, the first thing you should do is contact an experienced injury lawyer. They will be able to tell you whether you have a valid claim and the steps you should take to secure compensation.

If your claim has merit, your solicitor will offer you a no win no fee service. This is the preferred way of funding a personal injury claim because it involves no financial risks or upfront costs.

At the beginning of the claim, your solicitor will take out an After the Event insurance policy in your name. It is a type of legal expenses insurance which provides cover for the legal costs incurred in the pursuit of compensation.

The ATE insurance removes the risk of you having to pay the defendants costs if you lose the claim for PTSD. Furthermore, it will also cover your costs and disbursements such as police and medical reports, court fees and the cost of expert witnesses.

If you make a no win no fee PTSD claim, your solicitor will also arrange a free medical assessment with an independent professional. They will produce a medical report stating the type and extent of your symptoms, which serves as essential evidence in your compensation claim.

To sum up, this is what will happen if you reach a no win no fee agreement with your solicitor:

If you win PTDS compensation:

If you lose your PTSD claim:

How To Win Your Ptsd Va Disability Benefits Claim

Published on by Neil Woods Last Updated on

This article gives tips on how to win your PTSD VA disability benefits claim. Well cover applying, appealing, evidence, stressors, and all kinds of information youll need when filing a PTSD VA disability benefits claim.

If you need help with your PTSD VA disability benefits claim, you can always give Woods & Woods a call. We always offer free legal consultations to veterans filing PTSD VA disability benefits claims. For help, just fill out the contact form.

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Present A Current Diagnosis Of Ptsd

The first step to receiving VA benefits for PTSD disability requires the veteran to have a current diagnosis. A psychiatrist, psychologist, licensed social worker, or other mental health care practitioner must diagnosis the veteran with PTSD. Additionally, the diagnosis must conform to specific criteria.

Its important that the diagnosing doctor provides a report that fully describes why they feel that the veteran has PTSD and how the veterans symptoms meet the specific criteria. All of this medical evidence must show that it is as likely as not that the veteran currently has disabling PTSD.

How Is Ptsd Diagnosed

Va Ptsd Claim Status

PTSD diagnosis involves a clinical interview with a trained mental health specialist. It usually incorporates direct questions in an interview format as well as questionnaires.

The interview element of the PTSD diagnosis process helps to determine whether you have specific symptoms attributed to this condition. The interview may include several elements such as:

  • the Structured Clinical Interview for DSM
  • the Structured Interview for PTSD
  • the PTSD Interview
  • The Anxiety Disorders Interview Schedule-Revised
  • the Clinician-Administered PTSD Scale
  • the PTSD Symptoms Scale Interview.

The questionnaire element of the PTSD assessment process is focused on ensuring diagnosis is reached as quickly as possible. There is a range of standardized questionnaires and surveys you might complete. You can discuss these with your medical team.

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How Long Does It Take To Receive A Ptsd Settlement Through The Defense Base Act

After receiving a claim, the insurance carrier then has 10 days to accept or deny the PTSD claim. If the claim is accepted, benefits will begin to flow within 30 days. However, if the claim is denied, injured workers can appeal the decision to OWCP. Once a claim is denied, it generally takes 6 to 9 months for a claim to settle with the assistance of an attorney.

Prepare To Write Your Statement

Make sure to write your statement at a time when you have supportive people, such as a therapist or friend, available for you to call if you become overwhelmed. It is difficult to sit down and write about terrible events that you don’t even want to think about or remember. You should call a supportive person before you sit down to write and then after you have finished it. This can help you to feel less isolated with your memories.

It is ok to say what parts of your experiences you can’t remember. Most people can’t remember everything about a traumatic event because the body goes into shock and processes information in a different way than during non-stressful times.

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