Veterans Disability Compensation: The Good The Bad And The Ugly

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 can guide you from start to finish.

It is essential to find an attorney that only handles disability law and these cases at all levels of appeal. This ensures you're receiving the best representation.

Appeals

When the VA denies a claim, or fails to approve benefits, it allows the veteran or his her surviving spouse to file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

A common reason why people submit an application for disability benefits is that they are not satisfied with their disability ratings. In this instance, a lawyer can make sure that there is sufficient evidence to support a rating that is appropriate based on a condition caused or made worse by military service.

A veterans disability lawyer could be required by those who have not received their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA to obtain those documents.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to focus on your health, and any other responsibilities you may have. Some lawyers are veterans and this can create an innate compassion for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows a senior reviewer to look at the same evidence that was presented in the original claim and make an entirely new decision in the case. The senior reviewer is able to confirm or reverse the previous decision to rate.

A veteran or their representative may request an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is permitted. For this meeting, it is important to prepare and present your case's information in a clear way. A veterans disability attorney can assist you in preparing and take part in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of an appeal for disability. For instance an earlier reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can change an earlier decision on the same claim in order to rectify these errors however only if those changes are beneficial to the applicant.

The more extensive review can result in a hearing for the applicant, which gives the claimant an opportunity to connect with the person who will be reviewing the claim and veterans disability attorney to explain their arguments. A lawyer for veterans can assist with determining whether it's necessary to request a private hearing, as well as with creating and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office sent you the original denial letter. The VA will review your claim again and create an official statement of the case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. You do not have to list all the reasons you disagree with the VA's decision, however, veterans disability attorney it is recommended to be specific in order to assist the VA know what you believe is wrong. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this stage There is a second chance to review it by an experienced reviewer in the form of a Higher-Level Review. It could take as long as 25 months, and you must have your attorney by all the process. If the VA denies your claim your attorney can request an appearance before an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans disability lawyers are compensated for injuries, illnesses, and other conditions suffered during service. The VA is a big bureaucracy and it's easy to get lost. A veteran disability lawyer can help people navigate the system and offer the needed assistance.

The VA must review the case following the time the veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations and the evidence used to make the original decision. This includes reviewing the medical records of the veteran as well as at times lay statements. The VA must provide the claimant with a Statement of Case which is a list of all evidence it has examined.

This statement should be in plain language and explain the reasoning behind the decision, as well as the interpretation of the laws and regulations relevant to the case. It should address any claims raised by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. However due to the VA backlog the agency might take longer to issue the document. If you're a veteran attempting to appeal a rating decision or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.