The Most Pervasive Issues In 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. The right veterans disability attorney can help you navigate it from beginning to end.

It's important to choose a lawyer who restricts their practice to disability cases and exclusively handles these cases at every stage of appeal. This ensures that you're getting the best representation.

Appeals

If the VA denies a claim, or fails to approve benefits, it allows the veteran or his spouse who survives to appeal. This is a complex and lengthy procedure that can be complicated even with the simplest disability claims. An attorney for veterans can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason why people submit a claim for disability is because they are dissatisfied with their disability status. In this case, a lawyer can make sure that the evidence is sufficient to justify a proper rating based on a disability condition that is caused or exacerbated by military service.

Another reason for people to seek out a veterans disability law firm disability lawyer is because they have been waiting too long to get their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA to obtain those documents.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you to concentrate on your health and other obligations you might have. Some lawyers are veterans themselves and this can provide them a unique form of empathy with their clients and give them a greater stake in their cases. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence provided in the original claim and make a new determination. The senior reviewer is able to confirm or reverse the previous rating decision.

A veteran or their representative could ask for an informal meeting to discuss the case with the senior reviewer. However only one conference is allowed. It is important to be prepared and be able to present the facts of your case in a clear manner at this meeting. An attorney with expertise in veterans disability can help you prepare for and participate in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of the disability claim. For example an earlier reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can change an earlier decision regarding the same claim in order to rectify these errors but only if the changes are beneficial to the person filing the claim.

The higher-level review can also result in a private hearing for the applicant, which provides an opportunity to speak with those who are reviewing the claim, and explain their arguments. A veteran disability lawyer can assist in determining whether or not a personal hearing is required and prepare and present evidence for the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued an assessment, you may file a notice of disagreement within one year of the date that the local office gives you the original denial notice. The VA will review your claim once more and draft a Statement of the Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. It is not necessary to list every reason you do not agree with the VA's decision, but it is best to be specific to help the VA know what you believe is wrong. Your attorney can help you on the evidence you should submit along with the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it reviewed by a senior judge through an Higher Level Review. This process could take as long as about 25 months and you must be with your attorney at every step. If the VA rejects your claim, veterans disability attorney your lawyer can request an appointment with a Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for their injuries, illnesses, and other conditions caused by their service. But, the VA is a massive bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can help people navigate the system and offer the needed assistance.

The VA must examine the case once the veteran has filed the Notice of Dispute to the local VA office. This involves examining the regulations, laws, and evidence used in the original decision. This also includes looking at the medical records of the veterans and when necessary, lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence that it has studied.

This statement should describe clearly the reasoning behind the decision, as well as how it interprets the laws and veterans disability attorney regulations that impacted the case. It should address any claims that the claimant has made in the NOD.

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