What NOT To Do During The Veterans Disability Compensation Industry

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

The process of submitting an application for benefits from veterans disability may be overwhelming. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It's crucial to choose an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This helps ensure you'll be receiving the best representation.

Appeal

If the VA rejects or doesn't approve a claim, either the spouse or the veteran who is surviving may appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran's disability attorney can help you understand your options and help you get the benefits you deserve.

The most common reason for people to file a claim for disability is because they are unhappy with their disability rating. In this situation a lawyer can be sure there is enough evidence to justify the proper rating in light of a condition that was that is caused or worsened by military service.

A veterans disability lawyer may be needed by people who have had to wait too long for their benefits. The lawyer can help determine what documents are not available, and then make an inquiry for these records to the VA.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This gives you the time to focus on your health, and any other obligations you might have. Some attorneys are veterans themselves, and this can give them a unique level of compassion for their clients. They also give them a greater stake in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the veterans disability lawsuits Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence provided in the original claim and make a fresh decision. The senior reviewer can confirm or reverse the previous rating decision.

The individual or attorneys the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one such conference is allowed. It is essential to be prepared and provide your case in a concise manner during this meeting. A veteran disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews can be used to correct errors made by the previous reviewer in an appeal for disability that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by reversing a previous decision, but only when it is beneficial to the claimant's interests.

A personal hearing may be scheduled for the applicant as a result of the higher-level review. This is a chance for the claimant to meet with the person who will be reviewing their claim and to present their case. A veterans disability lawyer can assist in determining whether or not a personal hearing is required, as well as prepare and present the evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to an assessment, you may file a notice of disagreement within one year from the date that the local office mails you the initial denial letter. The VA will review your case once more and draft an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you fill out this form in a way that is effective in contesting the decision. You don't have to list all the reasons you don't agree with the VA's decision however, it is recommended to be specific to help the VA determine what you think is wrong. Your attorney can help you decide what evidence to include in the NOD. This could be statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point You have a second chance to have it reviewed by a senior reviewer in the form of an Higher-Level Review. This process could take as long as about 25 months and you must be in contact with your lawyer throughout the process. If the VA still denies your claim, your lawyer may request a hearing to be held before a Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for their injuries, illnesses and conditions incurred during service. The VA is a massive bureaucracy and it's not difficult to be lost. A veteran disability attorney can assist in navigating the process and provide crucial assistance for those seeking assistance.

The VA must examine the case after the veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations and evidence used to make the original decision. It also involves examining the medical records of the veteran and when necessary lay statements. The VA must provide the claimant with a Statement of Case that includes a list of all evidence that it has examined.

This statement should describe in plain language the reasoning behind its decision, including how it decided to interpret the laws and regulations that impacted the case. It should address any claims that the claimant has made in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days from when the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the statement. If you're a veteran attempting to appeal a rating decision or a claim for benefits, please contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.