The 10 Most Scariest Things About Veterans Disability Compensation

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

The process of applying for benefits for veterans disability can appear overwhelming. The right veterans disability attorney will guide you from beginning to end.

It's essential to choose a lawyer who restricts their practice to disability cases, and only handles these cases at every level of appeal. This will ensure you receive the best representation.

Appeal

If the VA decides to deny or not approve a claim, either the spouse or the veteran who is surviving may appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and get the benefits you deserve.

The most common reason people have to make an claim for disability is because they are not happy with their disability ratings. In this situation lawyers can make sure that there is enough evidence to back an appropriate rating due to a condition caused or made worse by military service.

A lawyer for veterans may be needed 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 lawyer for veterans' disability will also help you get rid of the burden of dealing directly with the VA. This will let you concentrate on your health and other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique type of empathy for their clients and give them a greater stake in their cases. This can make a big 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 option that permits an experienced reviewer to analyze the same evidence provided in the original claim, and make a fresh decision. The senior reviewer has the option to either affirm or reverse the previous rating.

A veteran or their representative could ask for an informal meeting to discuss the case with the senior reviewer. However, only one conference is permitted. It is crucial to be prepared and be able to present your case in a clear manner during this meeting. A veterans disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews are often utilized to correct errors made by the previous reviewer in a disability claim which could include misinterpreting evidence or making errors in the law. Senior reviewers can correct the errors by changing the previous decision however only when it is beneficial to the claimant's interests.

The higher-level review can also result in a personal hearing for the claimant which provides an opportunity to talk to the person who is reviewing the claim and present the arguments. A veterans disability lawsuit disability attorney can help determine whether or not a personal hearing is needed and prepare and present evidence for the hearing.

Notice of Disagreement

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

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't need to list every reason why you are not with the decision. However it is best to be specific in order that the VA understands what exactly you believe is incorrect. Your attorney can help you decide the evidence you should include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is not granted at this point, you have another chance to have it reviewed by a senior reviewer in form of an Higher-Level Review. This process could take up to up to 25 months, and you should be in contact with your attorney throughout the process. If the VA rejects your claim, your lawyer may request an appointment with an Veterans Law judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for ailments, veterans disability attorney injuries and illnesses caused by their service. But, the VA is a massive bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability attorney can guide you through the process and offer much-needed assistance for claimants.

The VA must review the case following the time the veteran has filed an official Notice of Dispute with 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 and, if necessary, lay statements. The VA must provide the claimant with an Statement of Case which includes a list of evidence that it has reviewed.

The declaration should be written simple and veterans disability attorney clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address the claims made by the plaintiff in his or her NOD.

The Statement of the Case is typically mailed 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 document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision over the amount of your rating or a claim for benefit.