20 Trailblazers Setting The Standard In 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 help you navigate it from start to finish.

It is essential to find an attorney who only practices disability law and handles cases of this nature at all levels of appeal. This helps ensure you'll be getting the best representation.

Appeals

If the VA rejects a claim or does not allow benefits to be approved, it allows the veteran or his or the spouse who died to appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veteran disability lawyer can assist you in understanding the options available to you and obtain the benefits you deserve.

The most common reason for people to make a claim for disability is because they are dissatisfied with their disability status. In this instance an attorney can make sure there is enough evidence to support a rating that is appropriate for a condition that is caused or made worse by military service.

A veterans disability lawyer may be needed by those who have had to wait too long for their benefits. The lawyer can help determine what documents are missing and submit a request to 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 focus on your health and other obligations you might have. Some lawyers are veterans and this can create an exceptional empathy for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that permits a senior reviewer to review the same evidence that was presented in the original claim and make an entirely new decision in the case. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their agent may ask for an informal meeting to discuss the matter with the senior reviewer. However, only one conference is permitted. At this conference, it is important to prepare and present your case's information in a clear way. A veterans disability attorney can assist you in preparing and take part in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For instance when the previous reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer can alter the previous decision made on the same claim to correct these kinds of mistakes, but only if those changes are advantageous to the claimant.

The higher-level review could result in a private hearing for the applicant, which provides an opportunity to talk to the person who will be reviewing the claim and present their arguments. A veterans disability lawyer can assist in determining whether or not it's necessary to request a personal hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one-year of the date the local office mailed you the initial denial letter. The VA will review the claim once more and draft a Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help complete this form correctly so that it is effective in contesting the decision. You do not have to list all the reasons you disagree with the VA's decision but it is advisable to be specific and help the VA know what you believe is wrong. Your attorney can advise you on the evidence you should submit along with the NOD, including statements from medical professionals or veterans disability lawyer the results of diagnostic tests.

If your appeal is denied at this point If you are denied, you can try again to get it reviewed by an experienced reviewer in the form of a Higher-Level review. It could take as long as 25 months, and you must have your lawyer by your side every step of the way. If the VA refuses to accept your claim, your lawyer can request an appearance before a veterans disability attorneys Law judge to present testimony and other evidence in person. Your attorney will draft your check when your claim is accepted.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. The VA is a huge bureaucracy and it's easy for people to get lost. A veteran disability lawyer can guide you through the process and provide crucial assistance to those who are seeking benefits.

Once a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an examination of the case. This includes examining the laws, regulations and evidence used in the original decision. This also includes looking at the medical records of the veteran and, if needed, lay statements. The VA must send the claimant a Statement of the Case which is a list of all evidence it has examined.

This statement should describe in plain language the reasoning behind its decision, as well as how it interprets the laws and regulations that affected 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 on which the NOD was filed. However, Veterans Disability Lawyer due to the VA backlog and backlog, the agency could delay the release of the document. If you're a veteran appealing a decision on your rating or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.