Three Greatest Moments In Veterans Disability Compensation History

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

The process of getting veterans disability benefits can be overwhelming. A veterans disability lawyer can guide you through the procedure.

It is essential to find a lawyer who has a limit on their practice to disability cases, and only handles these cases at all levels of appeal. This ensures you're receiving the best legal representation.

Appeal

If the VA refuses to approve a claim or fails to allow benefits to be approved, it allows the veteran or or spouse who survives to file an appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veteran disability lawyer can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason why people have to submit a disability claim is that they are not happy with the disability rating they have received. In this case a lawyer can be sure that there's enough evidence to support a rating that is appropriate based on a condition caused or aggravated by military service.

Another reason that people tend to require a veteran disability lawyer is that they have been waiting too long for benefits. The lawyer can help determine the missing documents, and then make an inquiry for these records to the VA.

A lawyer for veterans can also relieve you of the burden of dealing directly with the VA. This will allow you the time to focus on your health, as well as any other obligations you have. Some lawyers are veterans and this can result in an unmatched empathy for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows senior reviewers to examine the same evidence as was presented in the original claim and then make a new decision on the case. The senior reviewer has the option to either confirm or reverse the previous rating.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. At this conference it is important to prepare and present your case facts in a concise manner. A lawyer for veterans may assist you in preparing for and take part in the informal conference.

Higher-level reviews can be used to correct mistakes made by the previous reviewer on an appeal for disability for example, failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim to rectify these errors however only if those changes are advantageous to the claimant.

A personal hearing could be arranged for the claimant as a result of the review at a higher level. This provides the applicant to meet with the person reviewing their claim and discuss their arguments. A veterans disability lawyer can help determine whether or not an individual hearing is necessary and also prepare and present evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may submit a notice of disagreement within one year of the date on which the local office mails you the initial denial letter. The VA will review the case again and issue a Statement of Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can help you complete the form correctly so that it is effective in contesting the decision. You don't have to list every reason you disagree with the VA's decision but it is important to be specific and help the VA know what you believe is wrong. Your attorney can help you decide what evidence to include with the NOD. These could be statements from medical professionals, or results from diagnostic tests.

If your appeal is rejected at this point If you are denied, you can try again to review it by an experienced reviewer in the form of A Higher-Level Review. The process can take between 25 and approximately 25 months. You should be with your lawyer at all times. If the VA refuses to accept your claim, your attorney can request an appeal before an Veterans Law judge to present evidence and testimony in person. If your claim is granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are compensated for their injuries, illnesses, and other conditions that they suffer during their service. The VA is a huge bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist applicants navigate the system and provide the assistance they need.

The VA must examine the case once the veteran has filed an official Notice of Dispute with the local VA office. This includes examining the laws, regulations and the evidence used in the original decision. Also, it involves looking over the medical records of the veteran as well as, if needed lay statements. The VA must provide the claimant with an official statement of case that includes a list of evidence it has analyzed.

This statement should describe in plain language the reasoning behind the decision, including how it interprets the laws and regulations that affected the case. It should address the allegations raised 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 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 vet who is contesting a decision over the amount of your rating or a claim for benefits.