How To Outsmart Your Boss 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 can assist you from start to finish.

It's crucial to find an attorney who only has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures you're receiving the best legal representation.

Appeals

When the VA refuses to approve a claim or does not allow benefits to be approved, it allows the veteran or his spouse who survives to file an appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veteran disability lawyer can help you understand all of your options and secure the benefits you deserve.

The most common reason people declare a disability claim is because they are dissatisfied with their disability rating. In this instance, the lawyer can make sure that all the evidence is in place to support an appropriate rating based on a disability condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by those 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 will allow you to concentrate on your health and other obligations you have. Some attorneys are veterans, and this can give them a unique empathy for their clients and give them a greater stake in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence presented in the original claim, and then make a new decision. The senior reviewer can affirm or reverse the previous rating decision.

A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. At this meeting it is essential to prepare and present your case's details in a concise manner. An attorney who is specialized in the field of disability for veterans can help you prepare for Veterans disability lawyer and participate in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the previous reviewer on a disability case for example, not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by reversing a previous decision however only when it is in the best interest of the claimant.

A personal hearing can also be scheduled for the applicant as a result of the higher-level review. This gives the claimant to meet with the person reviewing their claim and present their arguments. A veterans disability lawyer can assist with determining whether or not it is necessary to request a private hearing, as well as with preparation and presenting evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year from the date the local office mailed you the initial denial letter. The VA will review your claim once more and draft an official statement of the case.

To file a disagreement for a disagreement, you should file VA Form 21-958. A disability attorney can help you complete the form in a manner that is effective in appealing the decision. You don't have to list every reason you don't agree with the VA's decision but it is important to be specific and help the VA determine what you think is wrong. Your attorney can assist you in deciding the evidence you should include in the NOD. This could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it re-examined again by a senior reviewer through an Higher Level Review. This process could take up to approximately 25 months. You should be with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer can request an appeal before an Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans disability law firm receive compensation for injuries, illnesses and conditions they have suffered during their time of 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.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the VA must conduct an investigation into the case. This involves examining the laws, regulations, and evidence used in the original decision. This includes looking over the medical record of the veteran as well as when necessary lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence it studied.

The statement should outline in plain language the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address the claims made by the plaintiff in the NOD.

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