Incontestable Evidence That You Need Veterans Disability Compensation

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

The process of applying for benefits for veterans disability can be overwhelming. The right veterans disability attorney can guide you from start to finish.

It's essential to find a lawyer who limits their law practice to disability cases, and only handles those cases at each level of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA denies or does not approve a claim, the spouse of the deceased or veteran may appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and get the benefits you deserve.

One of the main reasons people submit an claim for disability is because they are not content with their disability status. In this case, a lawyer can make sure that the evidence is in place to support a valid rating based on a disability condition caused or exacerbated by military service.

Another common reason for people to need a veterans disability lawyer is that they have been waiting too long to get their benefits. The lawyer can assist in determining the missing documents and submit a request to the VA to obtain those documents.

The help of a veterans disability lawyer can alleviate the burden of dealing with the VA away from you. This will give you the time to concentrate on your health and any other obligations you might have. Certain attorneys are veterans disability lawsuits themselves, and this can give them a unique form of empathy for their clients and make them more invested in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence as was presented in the original claim and then make an additional decision on the case. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or their representative could request an informal conference to discuss the case with the senior reviewer. However, only one conference is allowed. It is crucial to be prepared and provide your case in a clear way at this conference. A veterans disability attorney can help you prepare and take part in the informal conference.

Higher-level reviews are often used to correct errors made by the previous reviewer in an appeal for disability for example, mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by changing the previous decision however only when it is in the best interest of the claimant.

A hearing at a personal level can be scheduled for the claimant in the wake of the review at a higher-level. This provides the claimant to meet with the person who is reviewing their claim and explain the arguments. A veteran disability attorney can help determine whether or not a personal hearing is needed and also prepare and present the evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year from the date the local office sent you the original denial letter. The VA will examine your claim again and create an official statement of the case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You do not have to list every reason you do not agree with the VA's decision however, it is recommended to be specific and help the VA determine what you think is wrong. Your attorney can guide you about the type of evidence you can submit to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and it is important to have your attorney at your side every step of the way. If the VA refuses to accept your claim, your attorney can request a hearing before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries and ailments they've experienced during their service. The VA is a large bureaucracy and it's easy for veterans disability attorney people to get lost. A veteran disability lawyer can help people navigate the system and offer the assistance they need.

The VA must review the case following the time a veteran has filed an Notice of Dispute at the local VA office. This involves examining the laws, regulations and evidence used in making the initial decision. It also involves examining the medical records of the veterans and in the event of a need lay statements. The VA must send the claimant a Statement of Case that includes a list of all evidence it reviewed.

The statement should outline in plain language the reasoning behind its decision, and how it interprets the laws and regulations that impacted the case. It should address the issues made by the plaintiff in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. However due to the VA backlog the agency might delay the release of the document. If you are a veteran appealing a rating decision or a claim for benefits, please contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.