20 Trailblazers Leading The Way In 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 overwhelming. The right veterans disability attorney will guide you from start to finish.

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

Appeal

When the VA refuses to approve a claim or does not approve benefits, it allows the veteran, or his or spouse who is surviving to appeal. This is a lengthy and time-consuming process that can be complicated, even for the most basic disability claims. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason people are required to submit a disability claim is that they are not happy with their disability ratings. In this case, the lawyer can make sure that all the evidence is in place to justify a proper rating based on a disabling condition that is caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents, and then submit an inquiry for these records to the VA.

A veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This will let you focus on your health and any other obligations you might have. Some lawyers are veterans and this may result in an unmatched compassion for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence presented in the original claim, and then make an additional decision regarding the case. The senior reviewer can either confirm or reverse the previous decision to rate.

A veteran or their agent may ask for an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is allowed. In this meeting it is important to prepare and present your case's information in a clear way. A Genoa veterans disability law firm disability attorney can help you prepare for and take part in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer can change an earlier decision regarding the same claim to rectify these mistakes but only if the changes are beneficial to the person filing the claim.

The higher-level review can also result in a hearing for the claimant, which gives them the chance to connect with the person reviewing the claim and explain the arguments. A veterans disability lawyer can help you determine whether it is necessary to request a private hearing, as well as creating and presenting evidence during the hearing.

Notice of Disagreement

You may file a complaint within one-year of the date the local office sent you the initial denial letter. The VA will review the case again and prepare a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you complete the form in a way that is effective in appealing the decision. It is not necessary to list all the reasons you don't agree with the VA's decision but it is important to be specific to help the VA know what you believe is wrong. Your attorney can provide guidance about the type of evidence you can submit in the NOD like statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it reviewed by a senior reviewer through an Higher Level Review. This process can take approximately 25 months. You should be with your attorney at every step. If the VA rejects your claim, your attorney may request a hearing 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 written extensive laws to make sure that troy veterans disability lawsuit are compensated for injuries, illnesses and other ailments that they suffer during their service. However the VA is a massive bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can help those seeking assistance navigate the system and provide the much-needed assistance.

Once a veteran has filed a Notice of Disagreement in his or local VA office, the agency must conduct an investigation into the case. This involves examining the laws, regulations and the evidence used in the original decision. This includes reviewing the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the applicant with a Statement of Case, which contains a list of evidence that it has examined.

The statement should be simple and clear, and also explain the reasoning for the decision, including the interpretation of the laws and regulations affecting the case. It should address all the arguments made by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it might take the agency longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over an assessment or claim for Genoa veterans disability law firm benefit.