The Most Pervasive Issues In Veterans Disability Compensation

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

The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can assist you from start to finish.

It's essential to choose a lawyer who restricts their practice to disability cases, and only handles those cases at each level of appeal. This will ensure that you get the most effective representation.

Appeal

When the VA rejects a claim or fails to allow benefits to be approved, it allows the veteran or his or spouse who survives to file an appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veteran disability lawyer can help you understand all of your options and get the benefits you deserve.

One common reason that people have to make an application for disability benefits is that they are unhappy with the disability rating they have received. In this situation an attorney can make sure that there is enough evidence to back an appropriate rating due to a condition caused or made worse by military service.

A lawyer for veterans may be required by those who have not received their benefits. The lawyer can assist in determining what documents are not available, and then make an inquiry for these records to the VA.

A lawyer for veterans can also relieve you of the burden of dealing directly with the VA. This allows you to concentrate on your health and any other obligations that you may have. Certain attorneys are veterans themselves and this gives them a unique form of compassion for their clients. They also increase the stakes in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence that was presented in the original claim, and make a fresh decision. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However only one conference is allowed. It is essential to be prepared and be able to present the facts of your case in a clear manner at this time. An attorney that specializes in veterans disability can help you prepare and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence, or veterans disability lawyer made errors in the law. The senior reviewer may alter the previous decision made on the same claim to fix these types of mistakes but only if the changes are advantageous to the person filing the claim.

A personal hearing could be scheduled for the claimant as a result of the higher-level review. This provides the applicant to meet with the person reviewing their claim and discuss their arguments. A veterans disability lawyer can assist in determining whether an individual hearing is necessary and can also prepare and present evidence at the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to an assessment, you may file a written notice of disagreement within one year from the date that the local office has sent you the original denial letter. The VA will review your case again and issue an official statement of the case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability attorney can help to fill out the form in a way that is effective in contesting the decision. You do not have to list every reason you disagree with the VA's decision, but it is best to be specific and help the VA understand what you think is wrong. Your attorney can guide you on the kind of evidence to include to support the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage There is a second chance to be reviewed by a senior reviewer in the form of A Higher-Level Review. It could take as long as 25 months, and it is important to have an attorney on your side throughout the way. If the VA rejects your claim, your attorney may request an appointment with an Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and conditions they've endured during their service. The VA is a large bureaucracy and it's not difficult to get lost. A veteran disability lawyer can guide you through the process and offer much-needed assistance to those who are seeking benefits.

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the VA must conduct an investigation of the case. This includes reviewing the laws, regulations and the evidence used to make 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 which includes a list with evidence that it has reviewed.

The declaration should be written simple and clear, and also explain the reasoning behind the decision, as well as the interpretation of the regulations and laws relevant to the case. It should address the issues made by the claimant in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. Due to the VA backlog it may take the agency longer to issue the statement. If you're a veteran appealing an appeal of a rating decision or claim for benefits, you should contact a santa monica veterans disability attorney disability lawyer from Fusco, Brandenstein & Rada, P.C.