Why People Don't Care About 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 a challenge. The right veterans disability attorneys disability attorney (click this) can help you navigate it from beginning to end.

It's important to find a lawyer who limits their practice to disability cases, and only handles these cases at every stage of appeal. This will ensure you receive the best legal representation.

Appeals

When the VA refuses or fails to approve a claim, either the veteran or the surviving spouse can appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

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

A veterans disability lawyer could be required by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing, and then make the request for these documents to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This gives you the time to focus on your health, as well as any other responsibilities you may have. Some lawyers are veterans themselves, and this can give them a unique form of empathy for 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

Veterans are able to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence presented in the original claim and make an additional decision on the case. The senior reviewer can choose to either reverse or confirm the previous rating.

A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However only one conference is allowed. It is important to be prepared and present your case in a clear manner at this meeting. A veterans disability attorney can help you prepare for and take part in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer may alter an earlier decision on the same claim in order to rectify these errors however only if those changes are beneficial to the person filing the claim.

The higher-level review could lead to a personal hearing for the applicant, which is an opportunity to connect with the person who will be reviewing the claim and explain their arguments. A veteran disability lawyer can help determine whether an individual hearing is necessary, as well as prepare and present evidence for the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to submit a notice of disagreement within one year from the date when the local office mails you the initial denial letter. The VA will review your case again and issue a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete this form correctly to appeal the decision. You don't have to list all the reasons you disagree with the VA's decision, however, it is recommended to be specific in order to help the VA to understand what you believe is wrong. Your attorney can help you decide what evidence to include with the NOD. This could include statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage If you are denied, you can try again to be reviewed by an experienced reviewer in form of a Higher-Level review. It could take as long as 25 months, and you must have your lawyer by your side throughout the procedure. If the VA rejects your claim, your attorney can request a hearing before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for illnesses, injuries and other ailments they've suffered during their service. The VA is a massive bureaucracy and it's easy to get lost. A veteran disability attorney can guide you through the process and provide much-needed assistance for those who are seeking benefits.

The VA must review the case following the time the veteran has filed the Notice of Dispute to the local VA office. This includes looking into the regulations, laws, and evidence used in the original decision. This includes looking over the veteran's medical record and when necessary lay statements. The VA must provide the claimant with a Statement of Case, that includes a list of evidence it has analyzed.

This statement should describe in clear language the reasoning behind its decision, as well as how it interpreted the laws and regulations that impacted the case. It should address the issues that the claimant has made in his or her 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 could take the agency longer to issue the statement. If you're a veteran appealing a decision on your rating or claim for benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.