What NOT To Do In The Veterans Disability Compensation Industry

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

The process of getting veterans disability benefits can be overwhelming. The right veterans disability attorney can help you navigate it from beginning to end.

It's essential to find a lawyer who limits their law practice to disability cases and only handles these cases at every level of appeal. This helps ensure you'll be receiving the best legal representation.

Appeal

If the VA denies a claim or fails to approve benefits, it allows the veteran or his the spouse who died to appeal. This is a lengthy and lengthy procedure that can be complicated even for the most simple disability claims. A veterans disability lawyer can assist you in understanding all your options and obtain the benefits you deserve.

The most common reason why people declare a disability claim is that they are unhappy with their disability status. In this case, a lawyer can make sure that the evidence is in place to support an appropriate rating based on a disabling condition caused or exacerbated by military service.

Another common reason for people to need a veterans disability lawyer is because they've been waiting too long for benefits. The lawyer can help determine the missing documents and can then make a request to the VA for the relevant records.

A veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This will give you time to concentrate on your health and any other obligations you might have. Some lawyers are veterans and this can create an innate compassion for their clients. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence that was presented in the original claim and make a new determination. The senior reviewer is able to either reverse or confirm the previous rating.

The individual or [empty] the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one such meeting is permitted. It is important to be prepared and explain your case in a concise way at this conference. An attorney who specializes in the field of disability for veterans can help you prepare and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes by the previous reviewer in a disability case for example, not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only if it is in the claimant's best interest.

The more extensive review can result in a personal hearing for the claimant which is an opportunity to speak with the person who is reviewing the claim, and explain the arguments. A lawyer for veterans disability can assist in determining whether it is necessary to request a personal hearing, and with preparation and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one-year of the date the local office sent you the initial 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 assist you fill out the form correctly to appeal the decision. You don't need to list every reason that you disagree with the decision. However it is best to be specific so that the VA understands what exactly you believe to be wrong. Your attorney can help you about the type of evidence you can submit in the NOD for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, you can request that it be reviewed by a senior judge through a Higher Level Review. The process can take between 25 and approximately 25 months. You should be in contact with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer can request an appearance before an Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure veterans disability lawsuits receive compensation for illnesses, injuries and other ailments they've suffered during their service. But the VA is a massive bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can help those seeking assistance navigate the system and offer much needed assistance.

If a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an examination of the case. This includes reviewing the regulations, laws, and the evidence used in the original decision. This includes reviewing the medical records of the veteran and when necessary lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence it has studied.

The statement should outline clearly the reasoning behind its decision, as well as how it interpreted the laws and regulations that impacted the case. It should address the issues raised by the claimant in his or her NOD.

The Statement of the Case is usually sent 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 attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on the basis of a rating or a claim for benefit.