7 Small Changes You Can Make That'll Make An Enormous Difference To Your Veterans Disability Compensation

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

The process of applying for benefits for veterans disability can appear overwhelming. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It's important to find a lawyer who has a limit on their practice to disabilities and only handles those cases at each level of appeal. This will ensure that you get the best legal representation.

Appeals

When the VA decides to deny or not accept a claim, the spouse of the deceased can appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can help you understand all your options and obtain the benefits you deserve.

The most common reason people make an claim for disability is because they are unhappy with their disability status. In this instance a lawyer can be sure that there's enough evidence to justify a rating that is appropriate for a condition that is that is caused or worsened by military service.

Another reason that people tend to seek out a veterans disability lawyer is because they've waited for too long to receive benefits. The lawyer can assist in determining what documents are missing and then submit a request for these records to the VA.

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will let you concentrate on your health and other responsibilities that you may have. Some lawyers are veterans themselves, and this can give them a unique empathy with their clients and create a deeper investment in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits a 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.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, however, only one such meeting is allowed. At this conference, it is important to prepare and present your case facts clearly. An attorney who is specialized in the field of veterans disability can assist to prepare and take part in the informal conference.

Higher-level reviews can be used to correct errors made by the previous reviewer in the case of a disability claim for example, mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by altering the decision made previously, but only when it is beneficial to the claimant's interests.

The more extensive review can result in a personal hearing for the applicant, which gives them the chance to talk to the person reviewing the claim and to explain their arguments. A veterans disability attorney can help determine whether a personal hearing is needed and can also prepare and present the evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you can make a formal notice of disagreement within one year from the date when the local office sends you its original denial letter. The VA will examine your claim once more and prepare an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you fill out this form correctly to ensure it is effective in contesting the decision. It is not necessary to list every reason why you disagree with the decision; however it is recommended to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can help you on what evidence to submit in the NOD including statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you can request that it be reviewed again by a senior reviewer through a Higher Level Review. This could take anywhere from 25 months, and you should have an attorney on with you every step of the way. If the VA rejects your claim, your lawyer can request an appearance before a veterans disability attorneys Law judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are compensated for their injuries, illnesses and conditions caused by their service. However 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 provide the assistance they need.

When a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct an examination of the case. This involves examining the laws, regulations and evidence used in the original decision. This also includes looking at the veteran's medical records and, if needed, lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all the evidence it has reviewed.

This statement should describe clearly the reasoning behind the decision, as well as how it interprets the laws and regulations that affected the case. It should address the allegations raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. Due to the VA backlog, it may take longer for the agency to issue the document. Contact a veterans disability law firms disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about a rating or a claim for benefit.