The Reasons You Shouldn t Think About Improving Your Veterans Disability Compensation

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

The process of applying for veterans disability benefits can seem overwhelming. A veterans disability lawsuit disability lawyer can guide you through the procedure.

It's important to find a lawyer who has a limit on their practice to disabilities and only handles these cases at every level of appeal. This will ensure that you get the best representation.

Appeals

If the VA refuses or fails to approve a claim, the veteran or the surviving spouse may appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veteran disability lawyer can assist you in understanding your options and help you get the benefits you deserve.

One of the main reasons people need to submit a disability claim is because they are not content with the disability rating they have received. In this situation lawyers can make sure that there is enough evidence to justify the proper rating based on a condition that is caused or worsened by military service.

Another reason that people tend to require a veterans disability lawyer is that they have been waiting too long to get their benefits. The lawyer can help determine the missing documents and then submit a request to the VA for those records.

Having a veterans disability lawyer can relieve the burden of dealing with the VA away from you. This allows you to concentrate on your health and other responsibilities that you may have. Some attorneys are veterans themselves, and this can give them a unique compassion for their clients and make them more invested in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that permits a senior reviewer to look at the same evidence presented in the original claim, attorneys and then make an additional decision regarding the case. The senior reviewer may affirm or reverse the previous decision to rate.

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 crucial to be prepared and provide your case in a concise manner during this meeting. A veteran disability attorney can help you prepare for and take part in the informal conference.

Higher-level reviews can be used to correct mistakes made by the previous reviewer on the case of a disability claim for example, mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by reversing a previous decision, but only when it is in the best interests of the claimant.

The higher-level review could result in a personal hearing for the claimant which is an opportunity to talk to the person who will be reviewing the claim and present the arguments. A veteran disability lawyer can assist in determining whether an individual hearing is necessary and also prepare and present evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to make a formal notice of disagreement within one year from the date when the local office sends you the initial denial letter. The VA will then review your claim again and create an Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to include every reason that you disagree with the decision. However it is recommended to be specific in order that the VA is aware of what you believe to be incorrect. Your attorney can assist you in deciding which evidence to include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is not accepted at this point, you can have it re-examined by a senior judge through a Higher Level Review. This process can take approximately 25 months. You should be with your lawyer throughout the process. If the VA refuses to accept your claim, your attorney may request a hearing before a Veterans Law judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for injuries, illnesses and conditions that they suffer during their service. The VA is a massive bureaucracy and it's not difficult to be lost. A veteran disability attorney can help navigate the process and offer much-needed assistance for applicants.

Once a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct an examination of the case. This includes looking into the regulations, laws, and evidence used in the initial decision. This includes reviewing the veteran's medical record and, if necessary, lay statements. The VA must provide the claimant with an official statement of the case, which contains a list of all evidence it looked over.

The statement should be in plain language and explain the reasoning behind the decision, as well as the interpretation of the law and regulations which affect 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 the NOD was submitted. Due to the VA backlog, it might take longer for the agency to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about a rating or a claim for benefit.