Why You Should Not Think About How To Improve Your Veterans Disability Compensation

How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve

The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney can guide you from start to finish.

It is essential to locate a lawyer that limits their practice to disability cases and only handles these cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeal

If the VA denies or does not approve a claim, the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

One common reason that people declare an application for disability benefits is that they are not content with the disability rating they have received. In this case, the lawyer can make sure that all the evidence is in place to support an appropriate rating based on a disabling condition caused or exacerbated by military service.

A lawyer for veterans may be required by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents, and then make the request for these documents to the VA.

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This allows you to concentrate on your health and any other obligations that you may have. Some lawyers are veterans disability lawsuits, which can give them an innate empathy for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence that was presented in the original claim, and then make an additional decision regarding the case. The senior reviewer can choose to either affirm or reverse the previous rating.

The veteran or their representative can ask for an informal conference with the senior reviewer to discuss the case, but only one of these conferences is allowed. It is crucial to be prepared and present your case in a concise manner at this time. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For example when the previous reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer can alter the previous decision made on the same claim to correct these kinds of mistakes however only if the modifications are beneficial to the claimant.

A personal hearing could be arranged for the claimant in the wake of the review at a higher-level. This provides the claimant to meet with the person reviewing their claim and explain the arguments. A veteran disability lawyer can assist in determining whether or not the need for a personal hearing is justified and prepare and present the evidence for the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you can submit a notice of disagreement within one year of the date when the local office mails you the original denial letter. The VA will review your case once more and prepare a Statement of the Case.

To file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. You do not have to list every reason you don't agree with the VA's decision, however, it is recommended to be specific in order to help the VA to understand what you believe is wrong. Your attorney can provide guidance on what evidence to submit to support the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage If you are denied, you can try again to be reviewed by an experienced reviewer in the form of A Higher-Level Review. This process could take as long as up to 25 months, and you should be with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer could request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure veterans receive compensation for injuries, illnesses and conditions they've endured during their service. The VA is a big bureaucracy and it's easy for people to be lost. A veteran disability lawyer can help applicants navigate the system and offer much needed assistance.

The VA must review the case after a veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the laws, Veterans disability attorney regulations and evidence used to make the initial decision. This includes looking over the medical records of the veteran as well as in the event of a need lay statements. The VA must send the claimant a Statement of the Case which includes a listing of all evidence it studied.

The statement should be in plain language and explain the reasoning behind the decision, as well as the interpretation of the regulations and laws affecting the case. It should address the issues raised by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the statement. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, get in touch with a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.