This Is The Ultimate Cheat Sheet For Veterans Disability Compensation

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

The process of getting veterans disability benefits can be a challenge. A good veterans disability attorney can help you navigate it from beginning to end.

It is essential to choose a lawyer who restricts their law practice to disabilities and only handles those cases at every level of appeal. This helps ensure you'll be getting the best representation.

Appeal

When the VA rejects a claim or does not approve benefits, it gives the veteran or his or her surviving spouse to appeal. This is a complex and lengthy procedure that can be complicated even for the most simple disability claims. A veterans disability lawyer can assist you in understanding all your options and secure the benefits you deserve.

A common reason people declare a disability claim is that they are unhappy with their disability status. In this situation, the lawyer can ensure that the evidence is sufficient to justify a proper rating based upon a disabling condition caused by or aggravated by military service.

A veteran disability lawyer might be needed by those who have waited too long to get their benefits. The lawyer can assist in determining the missing documents and submit a request to the VA for the relevant records.

A veterans disability attorney can also alleviate the burden of dealing with the VA away from you. This will give you time to focus on your health, and any other responsibilities you may have. Some lawyers are veterans, and this can create an exceptional empathy for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that permits a senior reviewer to look at the same evidence presented in the original claim, and then make an entirely new decision in the case. The senior reviewer has the choice to either affirm or reverse the previous rating.

The individual or the representative of the veteran can ask for an informal conference with the senior reviewer to discuss the case, but only one conference is permitted. At this meeting it is crucial to prepare and present your case's details in a clear manner. A lawyer for veterans may 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, if the earlier reviewer misinterpreted the evidence or made errors in the law. The senior reviewer can alter an earlier decision regarding the same claim to correct these errors, but only if those changes are beneficial to the person filing the claim.

A personal hearing may be arranged for the applicant as a result of the higher-level review. This gives the applicant to meet with the person who will be reviewing their claim and Firm to present their case. A veterans disability lawyer can help determine whether an individual hearing is necessary, as well as prepare and present evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued an assessment, you may file a notice of disagreement within one year of the date the local office mails you the initial denial letter. The VA will review the claim again and prepare a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. You don't have to include every reason that you disagree with the decision. However it is recommended to be specific in order that the VA can understand exactly what you believe is incorrect. Your attorney can guide you on what evidence to submit with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you have another chance to have it reviewed by an experienced reviewer in the form of a Higher-Level review. It could take as long as 25 months, and you must have your lawyer by with you every step of the process. If the VA refuses to accept your claim, your lawyer may request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for illnesses, injuries and conditions they've endured during their time of service. The VA is a huge bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist applicants navigate the system and offer the much-needed assistance.

Once a veteran has filed a Notice of Disagreement in his or local VA office, the VA must conduct a review of the case. This includes examining the regulations, laws, and the evidence used in the initial decision. This includes looking over the medical records of the veteran as well as, if necessary lay statements. The VA must provide the claimant with an Statement of Case that includes a list of evidence that it has examined.

This statement should describe in a clear manner the reasoning behind its decision, and how it decided to interpret the laws and regulations that affected the case. It should address the claims made by the plaintiff in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from when the NOD was filed. However due to the VA backlog and backlog, the agency could delay the release of this document. 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 Firm a claim for benefit.