What s The Job Market For Veterans Disability Compensation Professionals

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

The process of getting veterans disability benefits can be overwhelming. A good veterans disability attorney will guide you from start to finish.

It's important to find a lawyer who limits their practice to disability cases, and only handles those cases at all levels of appeal. This will ensure that you're getting the best representation.

Appeals

When the VA denies a claim or does not approve benefits, it gives the veteran, or his or spouse who is surviving to file an appeal. This is a lengthy and lengthy procedure that can be complicated even with the most basic disability claims. A veterans disability lawyer can assist you in understanding the options available to you and help you get the benefits you deserve.

One common reason that people need to make an claim for disability is because they are unhappy with their disability rating. In this case, the lawyer can make sure that the evidence is there to support a fair rating based upon a disabling condition caused or exacerbated by military service.

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

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, and any other obligations you might have. Certain attorneys are veterans themselves which can give them a unique empathy for their clients and give them a greater stake 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) veterans disability lawyers have more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to look at the same evidence presented in the original claim, and then make an additional decision regarding the case. The senior reviewer is able to either confirm or reverse the previous rating.

A veteran or their agent may request an informal conference to discuss the case with the senior reviewer. However, only one of these conferences is permitted. It is important to be prepared and provide your case in a concise way at this conference. An attorney who specializes in veterans disability can help you prepare for and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of an appeal for disability. For instance when the previous reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision, but only when it is in the claimant's best interest.

The more thorough review may result in a hearing for the claimant which provides an opportunity to talk to the person reviewing the claim and explain the arguments. A veterans disability lawyer can help you determine whether or not it's required to request a personal hearing, as well as with creating and presenting evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office sent you the initial denial letter. The VA will examine your claim once more and prepare a Statement of the Case.

To file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. You don't need to list every reason why you disagree with the decision; however, it is better to be specific so that the VA understands what exactly you believe to be incorrect. Your attorney can help you determine what evidence to include with the NOD. This could include statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point If you are denied, you can try again to review it by an experienced reviewer in form of an Higher-Level Review. This can take up to 25 months, and you must have your attorney by your side throughout the procedure. If the VA continues to deny your claim, your lawyer can request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, veterans disability and conditions they have suffered during their time of service. But the VA is a huge bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can guide you through the process and offer much-needed assistance to those who are seeking benefits.

If a veteran files a Notice of Disagreement with his local VA office, the agency must conduct an investigation of the case. This includes reviewing the laws, regulations, and the evidence used to make the initial decision. Also, it involves looking over the medical records of the veteran as well as, if needed lay statements. The VA must provide the claimant with the Statement of Case which includes a list with evidence it has analyzed.

This statement should be in plain language and provide the reasoning for the decision, including the interpretation of the law and regulations that affect the case. It should address any claims made by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date on which the NOD was filed. However, due to the VA backlog the agency might take longer to mail this document. If you're a veteran appealing a rating decision or a claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.