The No. One Question That Everyone In Veterans Disability Compensation Needs To Know How To Answer

How a veterans disability lawsuits Disability Attorney Can Help You Get the Benefits You Deserve

The process of applying for veterans disability benefits can be overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It's essential to find an attorney that only handles disability law and cases of this nature at all levels of appeal. This ensures that you're receiving the best representation.

Appeals

If the VA decides to deny or not accept a claim, the spouse of the deceased or veteran can file an appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. A veteran disability lawyer can help you understand all your options and obtain the benefits you deserve.

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

A veterans disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can assist in determining what documents are not available, and then submit an inquiry for these records to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This allows you to focus on your health and other obligations that you may have. Certain attorneys are veterans themselves, and this can give them a unique form of compassion for their clients and give them a greater stake in their cases. This can make a big difference in the result 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 procedure 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 affirm or reverse the previous rating decision.

A veteran or their agent may request 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 be able to present the facts of your case in a concise manner at this meeting. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews are usually used to correct mistakes by the previous reviewer on the case of a disability claim which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer may alter an earlier decision on the same claim to rectify these errors however only if the changes are beneficial to the claimant.

The more thorough review may result in a private hearing for the claimant which gives the claimant an opportunity to speak with the person who is reviewing the claim and explain their arguments. A veterans disability lawyer can assist with determining whether or not it's necessary to request a personal hearing, as well as preparation and presenting evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office issued the original denial letter. The VA will then review your case once more and draft a Statement of the Case.

To file a disagreement, you should use VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. You don't have to list every reason you don't agree with the decision; however, it is better to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can guide 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 not accepted at this point, you can request that it be reviewed by a senior reviewer through a Higher Level Review. This process could take as long as up to 25 months, and you should be with your lawyer at all times. If the VA is unable to resolve your claim, your lawyer could request a hearing to be held 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 a variety of laws to ensure that veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their service. The VA is a huge bureaucracy and it's easy for people to be lost. A veteran disability attorney can assist in navigating the process and offer much-needed assistance to claimants.

The VA must review the case after a veteran has filed the Notice of Dispute to the local VA office. This includes looking into the regulations, laws and evidence used to reach the initial decision. This also includes looking at the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with the Statement of Case which contains a list of evidence it has analyzed.

This statement should describe in a clear manner the reasoning behind its decision, and how it interpreted the laws and regulations that impacted the case. It should address all assertions made by the claimant in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to issue the document. If you're a veteran attempting to appeal the decision of a rating agency or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.