7 Simple Changes That Will Make A Huge Difference In Your Veterans Disability Compensation

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

The process of applying for benefits from veterans disability may seem overwhelming. A lawyer who is a veterans disability attorney can help you navigate the process.

It's essential to find an attorney who only has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure you receive the best legal representation.

Appeals

If the VA decides to deny or not approve a claim, the veteran or the surviving spouse can appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veterans disability lawyer can help you understand all of your options and obtain the benefits you deserve.

One common reason that people need to submit a disability claim is because they are not content with their disability rating. In this situation, a lawyer can make sure that there is sufficient evidence to back the appropriate rating based on a condition caused or aggravated by military service.

Another common reason for people to require a veteran disability lawyer is that they have been waiting for too long to receive benefits. The lawyer can help determine what documents are not available, and then make an inquiry for these records to the VA.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This gives you the time to focus on your health and any other obligations you have. Some lawyers are veterans themselves which can give them a unique level of empathy with their clients and give them a greater stake in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

tucson veterans disability lawsuit are able to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence as in the original claim, and veterans disability lawyer then make a new decision. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their representative may ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is permitted. It is crucial to be prepared and explain the facts of your case in a concise way at this conference. An attorney who is specialized in veterans disability can help you prepare for and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of the disability claim. For instance an earlier reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision however only when it is in the best interests of the claimant.

The higher-level review could lead to a personal hearing for veterans disability lawyer the claimant which gives them the chance to meet with the person who is reviewing the claim and to explain their arguments. A veteran disability lawyer can help decide whether a personal hearing is required and also prepare and present the evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year of the date the local office mailed you the original denial letter. The VA will review your claim once more and prepare an official statement of the case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You do not have to list all the reasons you do not 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 advise you about the type of evidence you can submit along with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, you can have it re-examined by a senior judge through an Higher Level Review. It could take as long as 25 months, and you must have your lawyer by your side every step of the way. If the VA rejects your claim, your attorney may request a hearing before an Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check if your claim is awarded.

Statement of the Case

Congress has passed numerous laws to make sure that veterans are compensated for their injuries, illnesses and conditions caused by their service. However the VA is a massive bureaucracy that is easy to become lost in the system. A veteran disability attorney can guide you through the process and provide vital assistance to those seeking assistance.

If a veteran files a Notice of Disagreement with his local VA office, the VA must conduct a review of the case. This includes looking into the regulations, laws, and the evidence used in the original decision. This also includes looking at the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with an official statement of case that includes a list of evidence it has analyzed.

The statement should be written in plain English and should explain the reasoning for the decision, including the interpretation of the laws and regulations that affect the case. It should address all arguments made by the claimant 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 might take longer for the agency to issue the document. If you're a veteran who is appealing an appeal of a rating decision or claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.