The Most Underrated Companies To Follow In The Veterans Disability Compensation Industry

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

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

It's essential to find an attorney that only has experience in disability law and who handles these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA denies or does not accept a claim, the spouse of the deceased or veteran can appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

A common reason people make a claim for disability is because they are unhappy with their disability status. In this case, the lawyer can ensure that the evidence is there to justify a proper rating based on a disabling condition that is caused or exacerbated by military service.

A veterans disability lawyer may be needed by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing and then make the request for these documents to the VA.

The help of a veterans disability lawyer can take the burden of dealing with the VA away from you. This will let you concentrate on your health and other responsibilities that you may have. Some attorneys are veterans and this gives them a unique type of empathy with their clients and create a deeper investment in their cases. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decision if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence presented in the original claim and make a fresh determination. The senior reviewer can either confirm or reverse the previous rating decision.

The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, however, only one such conference is allowed. At this conference it is essential to prepare and present your case facts in a concise manner. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews can be used to correct mistakes made by the previous reviewer in an appeal for disability, such as failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim in order to correct these kinds of mistakes however only if the modifications are beneficial to the person filing the claim.

A personal hearing may be arranged for the applicant as a result of the review at a higher level. This gives those seeking to be heard by the person who will be reviewing their claim and to present their case. A veteran disability lawyer can help decide whether or not the need for a personal hearing is justified and prepare and present the evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one-year of the date the local office issued the original denial letter. The VA will then review your claim again and issue a Statement of the Case.

To file a disagreement, you should use VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. You do not have to list every reason you do not agree with the VA's decision, but it is best to be specific in order to help the VA understand what you think is wrong. Your attorney can help you decide what evidence to include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is rejected at this stage There is a second chance to get it reviewed by an experienced reviewer in form of an Higher-Level Review. This process can take 25 months and you should be in contact with your lawyer at all times. If the VA refuses to accept your claim, your lawyer may request an appearance before an Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check should your claim be approved.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses, and other conditions caused by their service. The VA is a large bureaucracy and it's easy to become lost. A veteran disability lawyer can guide you through the process and provide crucial assistance for claimants.

If a veteran files a Notice of Disagreement in his or her local VA office, the VA must conduct an investigation of the case. This includes reviewing the laws, regulations, and the evidence used to make the initial decision. It also includes examining the veteran's medical records and in the event of a need, lay statements. The VA must send the claimant a Statement of Case, which contains a list of all evidence it studied.

The statement should outline in clear language the reasoning behind the decision, including how it decided to interpret the laws and regulations that affected the case. It should address the allegations 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 received. Due to the VA backlog, it may take the agency longer to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over the amount of your rating or a claim for benefit.