The Reasons You Shouldn t Think About Enhancing Your 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 a challenge. The right attorney for veterans can guide you from start to finish.

It's crucial to find an attorney who only practices disability law and handles cases of this nature at all levels of appeal. This will ensure that you get the best representation.

Appeal

When the VA rejects a claim or fails to accept benefits, it permits the veteran, or his or spouse who is surviving to file an appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can assist you in understanding the options available to you and secure the benefits you deserve.

One of the main reasons people have to make a disability claim is because they are not satisfied with the disability rating they have received. In this case, the lawyer can ensure that the evidence is sufficient to justify a proper rating based on a disabling condition that was caused or worsened by military service.

A veteran disability lawyer might be required by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA to obtain those documents.

A veterans disability lawyer can take the burden of dealing with the VA away from you. This will allow you to focus on your health and any other responsibilities that you may have. Some lawyers are veterans themselves and this can provide them a unique form of compassion for their clients and increase the stakes in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Disability Law Firms Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence as in the original claim, and then make a new decision. The senior reviewer can confirm or reverse the previous decision to rate.

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

Higher-level reviews are often utilized to correct errors made by the earlier reviewer in an appeal for disability that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct the errors by altering the decision made previously, but only when it is beneficial to the claimant's interests.

A hearing at a personal level can be scheduled for the claimant as a result of the review at a higher level. This is a chance for the claimant to meet the person who is reviewing their claim and discuss their arguments. A lawyer for veterans disability lawsuits can assist in determining whether or not it is necessary to request a personal hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you are able to make a formal notice of disagreement within one year of the date that the local office sends you its original denial letter. The VA will review your case again and prepare a Statement of Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability attorney can help you fill out this form correctly to ensure it is effective in contesting the decision. You do not have to list all the reasons you do not agree with the VA's decision, but it is important to be specific in order to help the VA know what you believe is wrong. Your attorney can help you determine what evidence to include in the NOD. This could include statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this stage If you are denied, you can try again to get it reviewed by an experienced reviewer in the form of a Higher-Level review. The process can take between 25 and approximately 25 months. You should be in contact with your attorney at every step. If the VA denies your claim, your attorney may request an appearance before an Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for ailments, injuries and illnesses incurred during service. The VA is a huge bureaucracy, and it's easy to get lost. A veteran disability attorney can help you navigate the process and offer much-needed assistance to claimants.

Once a veteran has filed a Notice of Disagreement with his local VA office, the VA must conduct an investigation into the case. This includes looking at the regulations, laws and the evidence used to make the original decision. This includes looking over the veteran's medical record and when necessary, lay statements. The VA must send the claimant an official statement of the case that includes a list of all evidence it examined.

This statement should be in plain language and explain the reasoning for the decision, including the interpretation of the regulations and laws affecting the case. It should address all the arguments made by the claimant in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about the basis of a rating or a claim for benefits.