5 Laws Anybody Working In Veterans Disability Compensation Should Know

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 is essential to find an attorney that only is skilled in disability law and can handle cases of this nature at all levels of appeal. This ensures that you're receiving the best representation.

Appeals

When the VA rejects a claim or does not allow benefits to be approved, it allows the veteran or his the spouse who died to file an appeal. This is a complex and lengthy procedure that can be complicated even by the most basic disability claims. A veteran disability lawyer can help you understand veterans disability attorney the various options available and get the benefits you deserve.

A common reason for people to submit a claim for disability is because they are unhappy with their disability rating. In this situation lawyers can make sure that there's enough evidence to support the proper rating for a condition that is caused or aggravated by military service.

Another reason that people tend to need a veterans disability lawyer is that they've waited too long to receive their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for the relevant records.

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This gives you the time to concentrate on your health, as well as any other obligations you have. Some lawyers are veterans and this can create an innate compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits the senior reviewer to examine the same evidence that was presented in the original claim and then make an additional decision on the case. The senior reviewer can either affirm or reverse the previous decision to rate.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, however, only one such conference is permitted. It is crucial to be prepared and provide your case in a clear way at this conference. A lawyer for veterans may assist you in preparing for and participate in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the earlier reviewer in a disability claim which could include failing to interpret evidence or making mistakes in the law. The senior reviewer can alter an earlier decision regarding the same claim to correct these errors, but only if those modifications are beneficial to the person filing the claim.

The more thorough review may result in a private hearing for the claimant which gives the claimant an opportunity to connect with the person reviewing the claim and to explain their arguments. A veterans disability lawyer can help determine whether the need for a personal hearing is justified and also prepare and present evidence for the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year from the date that the local office mails you the original denial letter. The VA will review the claim once more and draft a Statement of Case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability attorney can assist to fill out the form correctly so that it is effective in contesting the decision. It is not necessary to list every reason that you disagree with the decision. However it is best to be specific in order that the VA understands what exactly you believe to be wrong. Your attorney can help you on the evidence you should submit with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage You have a second chance to have it reviewed by an experienced reviewer in form of a Higher-Level Review. The process can take between 25 and up to 25 months, and you should be in contact with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer can request a hearing before a Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for their injuries, illnesses, and other conditions incurred during service. The VA is a big bureaucracy, and it's easy to be lost. A veteran disability lawyer can help those seeking assistance navigate the system and offer the needed assistance.

The VA must examine the case once a veteran has filed a Notice of Dispute with the local VA office. This includes reviewing the laws, regulations, and 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 Statement of Case which includes a list with evidence that it has examined.

The declaration should be written in plain language and provide the reasoning behind the decision, including the interpretation of the regulations and laws which affect the case. It should address the allegations raised by the claimant in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days of 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 vet who is appealing a decision on the basis of a rating or a claim for benefit.