Veterans Disability Compensation: 10 Things I d Like To Have Known Sooner

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

The process of submitting an application for veterans disability benefits may seem overwhelming. The right veterans disability attorney can guide you from start to finish.

It is essential to locate an attorney who handles disability law and these cases at all levels of appeal. This will ensure you receive the best representation.

Appeals

When the VA refuses to approve a claim or does not approve benefits, it allows the veteran or his the spouse who died to appeal. This is a complex and lengthy process that can be complicated even with the simplest disability claims. A veteran disability lawyer can help you understand all of your options and firm obtain the benefits you deserve.

A common reason why people have to make a disability claim is because they are not satisfied with their disability rating. In this instance an attorney can make sure that there is enough evidence to justify the proper rating due to a condition caused or aggravated by military service.

Another reason for people to require a veteran disability lawyer is because they've waited too long to receive their benefits. The lawyer can assist in determining the missing documents, and then make an application for these records to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you the time to focus on your health and any other responsibilities you may have. Some lawyers are veterans themselves and this can provide them a unique level of compassion for their clients. They also give them a greater stake 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 if they disagree. The Higher-Level Review is a decision review option that permits senior reviewers to look at the same evidence that was presented in the original claim and then make a new decision on the case. The senior reviewer is able to affirm or reverse the previous rating decision.

A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is permitted. It is essential to be prepared and provide your case in a concise manner during this meeting. A lawyer for veterans may assist you in preparing and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of the disability claim. For instance, if the earlier reviewer misinterpreted evidence or committed errors in the law. The senior reviewer can alter a prior decision on the same claim to correct these kinds of errors, but only if those changes are advantageous to the person filing the claim.

The more extensive review can result in a hearing for the claimant which gives the claimant an opportunity to connect with those who are reviewing the claim, and explain the arguments. A veteran disability lawyer can assist in determining whether or not a personal hearing is needed and prepare and present the evidence for the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office mailed you the original denial letter. The VA will review the case again and create an Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form correctly to ensure it is effective in contesting the decision. You don't have to include every reason you don't agree with the decision. However it is better to be specific so that the VA can understand exactly what you believe is incorrect. Your attorney can advise you on the kind of evidence to include along with the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can have it re-examined by a senior judge through an Higher Level Review. This process could take up to up to 25 months, and you should be in contact with your attorney throughout the process. If the VA still denies your claim, your lawyer may request that a hearing be conducted before an Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check when your claim is accepted.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are paid for injuries, illnesses, and other conditions that they suffer during their service. But, the VA is a huge bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can help navigate the process and offer much-needed assistance to those seeking assistance.

The VA must examine the case once a veteran has filed an Notice of Dispute at the local VA office. This includes reviewing the regulations, laws, and the evidence used in the original decision. This includes reviewing the veteran's medical record and, if necessary lay statements. The VA must provide the claimant with an official statement of the case, which contains a list of all evidence it has studied.

The declaration should be written simple and clear, and also explain the reasoning behind the decision, including the interpretation of the laws and regulations that affect the case. It should address the allegations 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 that the NOD was filed. However, due to the VA backlog it could take longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is appealing a decision on an assessment or claim for benefit.