The Three Greatest Moments In Veterans Disability Compensation History

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

The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney can guide you from beginning to end.

It is essential to choose a lawyer who restricts their practice to disability cases and only handles those cases at every level of appeal. This ensures that you're receiving the best representation.

Appeal

If the VA denies a claim, or fails to approve benefits, it gives the veteran, or his or her surviving spouse to appeal. It is a difficult and time-consuming process that can be complicated even by the most straightforward disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

A common reason why people declare a disability claim is because they are unhappy with their disability rating. In this instance, the lawyer can make sure that the evidence is in place to support an appropriate rating based on a disability condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents and submit a request to the VA to obtain those documents.

A veteran disability attorney can also take the burden of dealing with the VA away from your shoulders. This will give you time to concentrate on your health, as well as any other obligations you might have. Some lawyers are veterans, and this can create an unmatched empathy for their clients. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits an experienced reviewer to look at the same evidence as was presented in the original claim, and then make an additional decision regarding the case. The senior reviewer is able to affirm or reverse the previous decision to rate.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However only one conference is allowed. In this meeting it is essential to prepare and present your case's details in a clear manner. A veterans disability attorney can assist you in preparing for Veterans Disability Attorney and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes made by the earlier reviewer in a disability claim for example, misinterpreting evidence or making errors in the law. Senior reviewers can correct these errors by changing a previous decision but only if it is in the best interests of the claimant.

A personal hearing could be arranged for the claimant in the wake of the review at a higher-level. This gives those seeking to be heard by the person who is reviewing their claim and explain the arguments. A veterans disability attorney can help determine whether a personal hearing is needed and can also prepare and present the evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to an assessment, you may make a formal notice of disagreement within one year of the date the local office gives you the initial denial letter. The VA will review the case again and prepare a Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you complete the form in a way that is effective in appealing the decision. It is not necessary to list all the reasons you disagree with the VA's decision but it is important to be specific in order to help the VA understand what you think is wrong. Your attorney can help you determine what evidence to include with the NOD. This could include statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed by a senior reviewer through an Higher Level Review. This process could take up to up to 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 appointment with an Veterans Law judge to present testimony and other evidence in person. Your attorney will draft your check when your claim is accepted.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries and conditions they've endured during their time of service. The VA is a large bureaucracy and it's easy to get lost. A veteran disability lawyer can help navigate the process and provide crucial assistance to applicants.

The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This includes looking at the laws, regulations and evidence used to make the original decision. This includes looking over the veteran's medical record and when necessary lay statements. The VA must send the claimant a Statement of the Case that includes a list of all evidence that it has looked over.

The statement should state in a clear manner the reasoning behind its decision, and how it interprets the laws and regulations that impacted the case. It should address all assertions made by the claimant 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. However due to the VA backlog it could delay the release of this document. If you are a veteran attempting to appeal an appeal of a rating decision or claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.