What Is The Heck What Is Veterans Disability Compensation

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

The process of obtaining veterans disability benefits can be overwhelming. The right veterans disability attorney will guide you from beginning to end.

It's important to find a lawyer who limits their practice to disabilities and only handles those cases at every stage of appeal. This will ensure that you get the best legal representation.

Appeal

If the VA rejects or doesn't accept a claim, the veteran or the surviving spouse can file an appeal. This is a complicated and lengthy process that could be complicated, even for the most basic disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

A common reason why people declare a disability claim is because they are unhappy with their disability rating. In this case, a lawyer can ensure that all the evidence is in place to justify a proper rating based on a debilitating condition caused or exacerbated by military service.

Another reason for people to seek out a veterans disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can help determine the missing documents and then submit a request to the VA to obtain those documents.

The help of a veterans disability attorney can also help you deal with the VA away from your shoulders. This will allow you to focus on your health and other obligations that you may have. Some lawyers are veterans, and this can create a unique empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to examine the same evidence presented in the original claim, and make a new determination. The senior reviewer can either affirm or reverse the previous rating decision.

A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is allowed. It is crucial to be prepared and present your case in a concise manner at this time. A veterans disability attorney can assist you in preparing and take part in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the reviewer who was earlier in an appeal for disability that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision however only when it is beneficial to the claimant's interests.

The higher-level review can also result in a personal hearing for the claimant, which gives the claimant an opportunity to connect with the person who will be reviewing the claim, and explain their arguments. A veterans disability lawsuits disability lawyer can assist in determining whether the need for a personal hearing is justified, as well as prepare and present evidence during the hearing.

Notice of Disagreement

After 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 on which the local office mails you the initial denial letter. The VA will review the claim again and issue a Statement of Case.

If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can help you fill out this form correctly to ensure it is effective in contesting the decision. You don't have to list every reason you don't agree with the decision; however it is better to be specific so that the VA understands what exactly you believe to be wrong. Your attorney can advise you on the kind of evidence to include to support the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you have another chance to have it reviewed by an experienced reviewer in the form of a Higher-Level review. This can take up to 25 months, and you must have your lawyer by your side throughout the way. If the VA refuses to accept your claim, your attorney can request an appeal before a Veterans Law judge to present evidence and testimony in person. If your claim is granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses and conditions suffered during service. However the VA is a huge bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability attorney can help navigate the process and offer much-needed assistance for those seeking assistance.

When a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct an examination of the case. This includes looking at the laws, regulations and evidence used to reach the initial decision. This includes reviewing the veteran's medical record and in the event of a need lay statements. The VA must provide the claimant with a Statement of the Case, which contains a list of all evidence it examined.

The statement should outline in clear language the reasoning behind its decision, and how it interpreted the laws and regulations that impacted the case. It should address all the arguments made by the claimant in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date on which the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the document. If you're a veteran who is appealing the decision of a rating agency or veterans disability attorney a claim for benefits, contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.