Veterans Disability Compensation: The Good The Bad And The Ugly

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

The process of applying for veterans disability benefits can appear overwhelming. A qualified veterans disability lawyer can help you navigate it from beginning to end.

It is essential to find a lawyer who has a limit on their practice to disability cases, and only handles those cases at every level of appeal. This will ensure that you're getting the best representation.

Appeal

When the VA rejects or doesn't approve a claim, either the spouse of the deceased or veteran can file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can help you understand all your options and help you get the benefits you deserve.

The most common reason why people make a claim for disability is that they are unhappy with their disability status. In this situation a lawyer can be sure that there is enough evidence to justify a rating that is appropriate based on a condition caused or aggravated by military service.

A veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can assist in determining what documents are missing, and then submit the request for these documents to the VA.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This allows you to focus on your health and any other responsibilities that you may have. Certain attorneys are veterans themselves and this gives them a unique level of compassion for their clients and make them more invested in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

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

A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However only one conference is allowed. It is essential to be prepared and explain your case in a clear way at this conference. An attorney for veterans can help you prepare for and take part in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted evidence, or made errors in the law. The senior reviewer may alter an earlier decision regarding the same claim to correct these kinds of mistakes but only if the changes are advantageous to the person filing the claim.

A personal hearing may be arranged for the claimant in the wake of the higher-level review. This is an opportunity for the claimant to meet the person who is reviewing their claim and explain the arguments. A veterans disability lawyer can help determine whether or not it is necessary to request a private hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office received the original denial letter. The VA will then review your case once more and prepare an official statement of the case.

You must 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 don't have to list all the reasons you do not agree with the VA's decision but it is important to be specific and help the VA know what you believe is wrong. Your attorney can assist you in deciding the evidence you should include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is not accepted at this stage, then you can request that it be reviewed by a senior judge through a Higher Level Review. The process can take between 25 and 25 months and you should be with your lawyer at all times. If the VA refuses to accept your claim, your attorney may request a hearing before an Veterans Law judge to present evidence and veterans disability lawyer testimony in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure veterans receive compensation for illnesses, injuries and conditions they've endured during their service. But, the VA is a huge bureaucracy that is easy to be lost within the system. A veteran disability lawyer can guide you through the process and provide crucial assistance for claimants.

The VA must review the case following the time a veteran has filed a Notice of Dispute with the local VA office. This includes reviewing the laws, regulations and the evidence used to make the original decision. It also involves examining the medical records of the veterans and, if needed, lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence it has analyzed.

The declaration should be written in plain English and should explain the reasoning of the decision, which should include the interpretation of the regulations and laws which affect the case. It should address all contentions the claimant raised in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was sent. However due to the VA backlog and backlog, the agency could take longer to mail the document. If you are a veteran who is appealing a rating decision or a claim for benefits, get in touch with a veterans disability attorneys disability lawyer from Fusco, Brandenstein & Rada, P.C.