20 Inspirational Quotes About Veterans Disability Compensation

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

The process of submitting an application for veterans disability benefits can appear overwhelming. The right veterans disability attorney will guide you from start to finish.

It's essential to locate an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures you're getting the best representation.

Appeals

When the VA denies a claim or fails to allow benefits to be approved, it allows the veteran or his spouse who survives to file an appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason for people to file a claim for disability is that they are unhappy with their disability rating. In this instance an attorney can make sure that there is enough evidence to justify a rating that is appropriate in light of a condition that was that is caused or worsened by military service.

A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are not available, and then make the request for these documents to the VA.

A lawyer for veterans' disability can also relieve you of the burden of dealing directly with the VA. This will let you focus on your health and other obligations that you may have. Some attorneys are veterans which can give them a unique form of empathy for their clients and make them more invested in their cases. This could make a significant 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 permits the senior reviewer to examine the same evidence presented in the original claim, and then make an additional decision regarding the case. The senior reviewer can either affirm or reverse the previous rating decision.

A veteran or their representative could arrange for an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. It is important to be prepared and explain your case in a concise manner at this time. A veterans disability attorney can help you prepare and participate in the informal conference.

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

The higher-level review could result in a private hearing for the claimant which gives them the chance to speak with those who are reviewing the claim and to explain their arguments. A lawyer for veterans can help determine whether it's necessary to request a private hearing, as well as with preparation and presenting evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you can file a notice of disagreement within one year of the date that the local office gives you the original denial letter. The VA will then review your claim again and prepare a Statement of Case.

If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You do not have to list all the reasons you don't agree with the VA's decision however, it is recommended to be specific and help the VA understand what you think is wrong. Your attorney can guide you on the evidence you should submit to support the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed by a senior reviewer through an Higher Level Review. This could take anywhere from 25 months, and you must have your lawyer by your side throughout the way. If the VA denies your claim your lawyer can request a hearing before a 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 written extensive laws to ensure that veterans disability lawyers are paid for injuries, illnesses and conditions incurred during service. However the VA is a huge bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can guide you through the process and provide vital assistance for applicants.

When a veteran files a Notice of Disagreement with his local VA office, the VA must conduct a review of the case. This includes looking at the regulations, laws and evidence used to make the initial decision. This includes looking over the veteran's medical record and, if necessary, lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of all evidence it has reviewed.

This statement should describe in plain language the reasoning behind the decision, and how it determined the law and regulations that impacted the case. It should address all the arguments made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. However, due to the VA backlog the agency might delay the release of this document. If you are a veteran seeking to appeal a rating decision or a claim for benefits, contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.