20 Insightful Quotes On Veterans Disability Compensation

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

The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It's important that you choose an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure you receive the best legal representation.

Appeal

If the VA rejects or doesn't approve a claim, either the spouse or the veteran who is surviving can appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding all of your options and obtain the benefits you deserve.

One common reason that people have to file an application for disability benefits is that they are not satisfied with their disability ratings. In this case, the lawyer can make sure that the evidence is there to support a fair rating based on a disability 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 assist in determining what documents are missing and submit a request the VA to obtain those documents.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This gives you the time to focus on your health, as well as any other obligations you might have. Certain attorneys are veterans and this can result in a unique compassion 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 disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence provided in the original claim, and make a new determination. The senior reviewer can either confirm or reverse the previous rating decision.

A veteran or their representative can request an informal meeting to discuss the matter with the senior reviewer. However, only one conference is allowed. It is essential to be prepared and present your case in a clear manner at this time. A veteran disability attorney can assist you in preparing for and participate in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of a disability claim. For example when the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer may alter an earlier decision regarding the same claim in order to correct these kinds of mistakes but only if the changes are advantageous to the person filing the claim.

A personal hearing could be arranged for the claimant as a consequence of the review at a higher level. This is a chance for the claimant to meet with the person reviewing their claim and explain the arguments. A veterans disability lawyer can help you determine whether it's necessary to request a private hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

You may file a complaint within one-year of the date the local office mailed you the original denial letter. The VA will then review your case once more and prepare an official statement of the case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist to fill out the form in a manner that is effective in contesting the decision. You don't need to list every reason why you disagree with the decision. However it is recommended to be specific so that the VA is aware of what you believe to be wrong. Your attorney can provide guidance on what evidence to submit with the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you have another chance to get it reviewed by a senior reviewer in form of a Higher-Level review. This can take up to 25 months, and veterans disability lawyer you should have an attorney on all the way. If the VA refuses to accept your claim, your lawyer may request an appeal before an Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. However, the VA is a massive bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can assist applicants navigate the system and offer much needed assistance.

Once a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct an investigation of the case. This includes looking into the laws, regulations and evidence used to make the original decision. It also includes examining the veteran's medical records and in the event of a need, lay statements. The VA must provide the claimant with the Statement of Case that includes a list of evidence it has analyzed.

The statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the regulations and laws affecting the case. It should address all arguments made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. Due to the VA backlog, it might take the agency longer to issue the statement. If you're a veteran appealing a decision on your rating or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.