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 start to finish.

It is essential to choose an attorney who is skilled in disability law and can handle these cases at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

When the VA rejects a claim or fails to allow benefits to be approved, it allows the veteran or his spouse who is surviving to file an appeal. It is a difficult and lengthy procedure that can be complicated even for the most basic disability claims. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

One of the main reasons people are required to declare an application for disability benefits is that they are unhappy with their disability ratings. In this situation lawyers can make sure that there is sufficient evidence to back an appropriate rating based on a condition caused or aggravated by military service.

Another reason that people tend to require a veterans disability attorneys disability lawyer is because they've waited too long for benefits. The lawyer can assist in determining what documents are not available, and then submit an inquiry for these records to the VA.

A lawyer for veterans disability lawsuits can also relieve you of the burden of dealing directly with the VA. This gives you the time to concentrate on your health, and any other obligations you might have. Some lawyers are veterans, which can give them a unique compassion for their clients. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence that was presented in the original claim and make an entirely new decision in the case. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However, only one conference is allowed. At this meeting it is important to prepare and present your case's facts in a concise manner. A veterans disability attorney 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 a disability claim. For instance, if the earlier reviewer misinterpreted evidence or committed mistakes in the law. The senior veterans disability attorney reviewer may alter the previous decision made on the same claim to fix these types of mistakes however only if the changes are advantageous to the claimant.

The more thorough review may result in a hearing for the applicant, which provides an opportunity to talk to the person who will be reviewing the claim and to explain their arguments. A lawyer for veterans can help determine whether or not it's necessary to request a personal hearing, as well as making and presenting the evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to file a written notice of disagreement within one year from the date when the local office sends you the original denial notice. The VA will then review your case once more and draft a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you fill out this form correctly to ensure it is effective in contesting the decision. You do not have to list every reason you don't agree with the VA's decision, but it is advisable to be specific and help the VA know what you believe is wrong. Your attorney can advise 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, veterans disability attorney then you can ask to have it reviewed by a senior reviewer through a Higher Level Review. It could take as long as 25 months, and you must have an attorney on your side every step of the process. If the VA still denies your claim, your lawyer can request a hearing to be conducted before an Veterans Law Judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and conditions they have suffered during their time of service. However the VA is a huge bureaucracy that is easy to be lost within the system. A veteran disability lawyer can assist claimants navigate the system and offer much needed assistance.

The VA must review the case after a veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations and evidence used to make the initial decision. It also includes examining the veteran's medical records and when necessary lay statements. The VA must send the claimant a Statement of Case which is a list of all the evidence it has studied.

The statement should outline clearly the reasoning behind the decision, and how it determined the law and regulations that affected the case. It should address the issues that the claimant has made in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. If you are a veteran seeking to appeal the decision of a rating agency or a claim for benefits, get in touch with a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.