4 Dirty Little Secrets About Veterans Disability Compensation And The Veterans Disability Compensation Industry

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

The process of obtaining veterans disability benefits can be a challenge. A veterans disability lawyer can guide you through the procedure.

It's essential to locate a lawyer that limits their practice to disability cases and only handles those cases at each level of appeal. This will ensure that you're receiving the best representation.

Appeal

When the VA refuses or fails to approve a claim, either the spouse of the deceased or veteran may appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. An attorney for veterans can assist you in understanding your options and obtain the benefits you deserve.

One common reason that people declare a disability claim is that they are not satisfied with their disability status. In this situation, Veterans Disability Lawyer the lawyer can ensure that the evidence is sufficient to support a fair rating based on a debilitating condition caused by or aggravated by military service.

Another reason that people tend to require a veterans disability lawyer is because they've been waiting too long for benefits. The lawyer can help determine what documents are not available, and then submit a request for these records to the VA.

The help of a veterans disability attorney can also help you deal with the VA away from you. This gives you the time to focus on your health, and any other responsibilities you may have. Certain attorneys are veterans disability law firm which can give them an exceptional empathy for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence presented in the original claim, and make a new determination. The senior reviewer has the choice to either confirm or reverse the previous rating.

The veteran or their representative may request a meeting with the senior veterans disability lawyer reviewer to discuss the case, but only one such meeting is permitted. At this meeting it is important to prepare and present your case's information in a concise manner. An attorney who specializes in the field of veterans disability can assist to prepare and take part in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the reviewer who was earlier in a disability claim for example, mistakenly interpreting evidence or committing errors in the law. The senior reviewer may alter a prior decision on the same claim in order to rectify these errors but only if the changes are beneficial to the claimant.

The higher-level review can also result in a personal hearing for the claimant which gives them the chance to meet with the person reviewing the claim and explain the arguments. A lawyer who is a veteran can assist with determining whether it's required to request a personal hearing, as well as making and presenting the evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year from the day the local office mailed you the original denial letter. The VA will examine your claim once more and draft an official statement of the case.

To file a disagreement, you should use VA Form 21-958. A disability lawyer can help complete this form in a manner that is effective in contesting the decision. You don't have to list every reason why you are not with the decision; however it is recommended to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can advise you on what evidence to submit in the NOD like statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this point You have a second chance to review it by a senior reviewer in the form of a Higher-Level review. This could take anywhere from 25 months, and you should have an attorney on your side throughout the procedure. If the VA is unable to resolve your claim, your lawyer can request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check when your claim is accepted.

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 be lost. A veteran disability lawyer can help claimants navigate the system and provide much needed assistance.

If a veteran files a Notice of Disagreement with his local VA office, the agency must conduct a review of the case. This includes reviewing the laws, regulations and evidence used in the initial decision. Also, it involves looking over the medical records of the veteran as well as, if needed, lay statements. The VA must provide the applicant with the Statement of Case that includes a list of evidence it has analyzed.

This statement should be simple and clear, and also explain the reasoning for the decision, including the interpretation of the regulations and laws relevant to the case. It should address all the contentions the claimant raised in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was sent. Due to the VA backlog, it may take longer for the agency to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is appealing a decision on an assessment or claim for benefits.