What Are The Reasons You Should Be Focusing On Improving Veterans Disability Compensation

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

The process of obtaining veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It's important that you find an attorney that only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA rejects a claim or fails to approve benefits, it gives the veteran or his or the spouse who died to appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability lawyer can assist you in understanding the various options available and veterans disability attorney get the benefits you deserve.

A common reason why people have to submit a disability claim is because they are unhappy with their disability rating. In this case a lawyer can be sure there is enough evidence to justify the proper rating for a condition that is that is caused or worsened by military service.

A veterans disability lawyer could be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and submit a request to the VA to obtain those documents.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you the time to focus on your health, and any other responsibilities you may have. Some lawyers are veterans, which can give them an innate empathy for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits senior reviewers to look at the same evidence that was presented in the original claim and then make an additional decision on the case. The senior reviewer can either confirm or reverse the previous rating decision.

A veteran or their representative may request an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is permitted. In this meeting, it is important to prepare and present your case's information in a clear manner. A veterans disability attorney can help you prepare and take part in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of an appeal for disability. For example, if the earlier reviewer misinterpreted the evidence or made errors in the law. The senior veterans disability attorney reviewer is able to alter an earlier decision on the same claim to correct these kinds of errors, but only if those changes are beneficial to the applicant.

The higher-level review could result in a personal hearing for the claimant which provides an opportunity to meet with those who are reviewing the claim and present the arguments. A veteran disability lawyer can assist in determining whether or not an individual hearing is necessary and can also prepare and present the evidence during the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you are able to submit a notice of disagreement within one year from the date the local office mails you the original denial letter. The VA will review the claim again and issue a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete this form correctly to appeal the decision. You do not have to list all the reasons you don't agree with the VA's decision, but it is important to be specific to help the VA to understand what you believe is wrong. Your attorney can help you determine which evidence to include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined by a senior reviewer through a Higher Level Review. This process could take as long as approximately 25 months. You should be with your attorney at every step. If the VA still denies your claim, your lawyer can request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for injuries, illnesses and other ailments suffered during service. However, the VA is a huge bureaucracy, and it's easy to be lost within the system. A veteran disability lawyer can guide you through the process and provide crucial assistance for those who are seeking benefits.

The VA must examine the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the laws, regulations and the evidence used in the original decision. It also includes examining the medical records of the veterans and when necessary lay statements. The VA must provide the claimant with a Statement of the Case which is a list of all evidence it studied.

This statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address all the arguments made by the claimant in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days from when the NOD was filed. However, due to the VA backlog it could take longer to mail the document. If you are a veteran who is appealing a decision on your rating or claim for benefits, contact a charleston veterans disability lawyer disability lawyer from Fusco, Brandenstein & Rada, P.C.