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 submitting an application for benefits for veterans disability can seem overwhelming. A qualified veterans disability lawyer can assist you from start to finish.

It is essential to find a lawyer who limits their law practice to disability cases and only handles those cases at all levels of appeal. This ensures you're receiving the best representation.

Appeal

When the VA denies a claim, or does not approve benefits, it gives the veteran or his spouse who is surviving to file an appeal. This is a complex and time-consuming process that can be complicated even with the most simple disability claims. A veterans disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.

One of the main reasons people have to submit a disability claim is because they are not happy with their disability rating. In this case an attorney can make sure that there's enough evidence to support the proper rating for a condition that is that is caused or worsened by military service.

A veterans disability lawyer may be required by those who have had to wait too long for their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for those records.

A veteran disability lawyer can also take away the burden of dealing directly with the VA. This will let you focus on your health and any other obligations you might have. Certain attorneys are veterans themselves which can give them a unique form of compassion for their clients. They also create a deeper investment in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence provided in the original claim and then make a new decision. The senior reviewer may confirm or reverse the previous rating decision.

The veteran or their representative can ask for an informal conference with the senior reviewer to discuss the case, but only one such meeting is permitted. In this meeting it is essential to prepare and present your case's facts in a clear way. A veteran disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews can be used to correct mistakes made by the earlier reviewer in a disability claim, such as misinterpreting evidence or making errors in the law. The senior reviewer can alter the previous decision made on the same claim in order to correct these kinds of errors but only if the modifications are beneficial for the person filing the claim.

A hearing at a personal level can be arranged for the claimant as a result of the review at a higher-level. This provides those seeking to be heard by the person who will be reviewing their claim and explain the arguments. A veterans disability attorney can help determine whether or not a personal hearing is needed, as well as prepare and present evidence for the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you can make a formal notice of disagreement within one year of the date that the local office mails you the original denial notice. The VA will then review your claim again and prepare a Statement of Case.

You must utilize 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 don't have to list every reason you don't agree with the VA's decision but it is advisable to be specific to help the VA determine what you think is wrong. Your attorney can help you on the kind of evidence to include with the NOD, for example, audiwiki.bitt-c.at statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior judge through a Higher Level Review. This can take up to 25 months, and you should have your lawyer by all the procedure. If the VA rejects your claim, your attorney may request an appeal before an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for their ailments, injuries and illnesses incurred during service. The VA is a massive bureaucracy and it's easy for people to get lost. A veteran disability attorney can help you navigate the process and provide much-needed assistance for claimants.

Once a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct a review of the case. This includes looking into the regulations, laws, and the evidence used to make the initial decision. This also includes looking at the medical records of the veterans and, if needed lay statements. The VA must provide the claimant with the Statement of Case that includes a list of evidence that it has reviewed.

This statement should describe in plain language the reasoning behind the decision, including how it interpreted the laws and regulations that affected the case. It should address all assertions made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. However due to the VA backlog it could delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on the basis of a rating or a claim for benefit.