The Most Worst Nightmare Concerning Veterans Disability Compensation Relived

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. A qualified veterans disability law firm disability lawyer can help you navigate it from beginning to end.

It's important to choose a lawyer who restricts their practice to disability cases and only handles those cases at each level of appeal. This helps ensure you'll be receiving the best representation.

Appeal

If the VA denies a claim or does not approve benefits, it gives the veteran or his the spouse who died to file an appeal. It is a difficult and time-consuming process that can be complicated even by the most basic disability claims. A veteran disability lawyer can assist you in understanding the various options available and get the benefits you deserve.

A common reason people make a claim for disability is that they are not satisfied with their disability rating. In this instance, the lawyer can ensure that the evidence is there to justify a proper rating based upon a disabling condition caused by or aggravated 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 not available, and then submit an inquiry for these records to the VA.

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 other obligations you might have. Some attorneys are veterans themselves and this gives them a unique compassion for their clients. They also make them more invested in their cases. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows an experienced reviewer to look at the same evidence presented in the original claim, and then make an additional decision regarding the case. The senior reviewer is able to affirm or reverse the previous rating decision.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one conference is permitted. At this conference it is essential to prepare and present your case facts in a clear manner. An attorney that specializes in the field of veterans disability can assist you prepare and veterans disability lawyer participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of an appeal for disability. For example an earlier reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct the errors by changing the previous decision however only if it is in the best interest of the claimant.

The more extensive review can lead to a personal hearing for the applicant, which provides an opportunity to speak with the person reviewing the claim and to explain the arguments. A veterans disability lawyer can help you determine whether or not it is required to request a personal hearing, and with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office issued the original denial letter. The VA will then review your claim once more and draft a Statement of Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. It is not necessary to list all the reasons you do not agree with the VA's decision but it is important to be specific to help the VA know what you believe is wrong. Your attorney can advise you on the evidence you should submit in the NOD such as statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point, you have another chance to review it by a senior reviewer in the form of a Higher-Level Review. This could take anywhere from 25 months, and you must have an attorney on your side every step of the procedure. If the VA denies your claim your attorney can request an appointment with a Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for their injuries, illnesses and other ailments suffered during service. The VA is a huge bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist people navigate the system and provide the needed assistance.

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the agency must conduct an examination of the case. This includes looking into the regulations, laws, and evidence used in the original decision. It also includes examining the veteran's medical records and in the event of a need, lay statements. The VA must provide the applicant with an Statement of Case that includes a list of evidence that it has examined.

The statement should be written in plain language and provide the reasoning behind the decision, as well as the interpretation of the regulations and laws which affect the case. It should address all the contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. Due to the VA backlog, it might take the agency longer to issue the statement. If you are a veteran seeking to appeal the decision of a rating agency or a claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.