10 Apps That Can Help You Control Your Veterans Disability Compensation

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

The process of applying for benefits from veterans disability may appear overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It's crucial to choose a lawyer who restricts their practice to disability cases and exclusively handles these cases at every stage of appeal. This will ensure that you get the most effective representation.

Appeal

If the VA refuses or fails to consider a claim, the spouse or the veteran who is surviving can file an appeal. This is a complicated and lengthy process that can be complicated even with the most straightforward disability claims. A veterans disability lawyer (Jejucordelia published an article) can assist you in understanding the options available to you and help you get the benefits you deserve.

A common reason why people need to declare a disability claim is that they are unhappy with the disability rating they have received. In this instance, a lawyer can make sure that there is enough evidence to justify an appropriate rating in light of a condition that was that is caused or worsened by military service.

A veterans disability lawyer may be needed by those who have waited too long to get their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA for those records.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will let you concentrate on your health and any other obligations that you may have. Some lawyers are veterans which can give them an innate empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence presented in the original claim, and then make an additional decision on the case. The senior reviewer can choose to either confirm or reverse the previous rating.

The person who is the veteran or veterans disability lawyer their representative could request a meeting with the senior reviewer to discuss the case, however, only one of these conferences is allowed. At this conference it is essential to prepare and present your case's information clearly. An attorney who is specialized in veterans disability can help you prepare for and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For example, if the earlier reviewer misinterpreted evidence, or made errors in the law. Senior reviewers can correct these mistakes by changing a previous decision but only if it is in the best interests of the claimant.

A personal hearing can also be scheduled for the claimant as a consequence of the review at a higher-level. This is a chance for the applicant to meet with the person who is reviewing their claim and to present their case. A veterans disability lawyer can assist with determining whether it's necessary to request a private hearing, as well as with preparation and presenting evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you can submit a notice of disagreement within one year of the date the local office mails you the initial denial letter. The VA will review the claim again and prepare a Statement of Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability attorney can help complete this form in a manner that is effective in appealing the decision. It is not necessary to list every reason that you disagree with the decision; however, it is better to be specific so that the VA knows exactly what you believe to be incorrect. Your attorney can help you determine which evidence to include in the NOD. These could be statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, you have another chance to be reviewed by a senior reviewer in form of A Higher-Level Review. This process could take as long as 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 appointment with an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. But the VA is a massive bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can help navigate the process and offer much-needed assistance to claimants.

Once a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct a review of the case. This includes examining the regulations, laws and evidence used in making the initial decision. This also includes looking at the medical records of the veteran as well as in the event of a need, lay statements. The VA must send the claimant a Statement of the Case that includes a list of all the evidence it has looked over.

This statement should explain in a clear manner the reasoning behind the decision, and how it interprets the laws and regulations that affected the case. It should address any claims raised by the claimant in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date that the NOD was filed. Due to the VA backlog, it might take the agency longer to issue the document. If you are a veteran seeking to appeal a decision on your rating or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.