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 benefits from veterans disability may appear overwhelming. The right attorney for veterans can help you navigate it from start to finish.

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

Appeals

If the VA rejects or doesn't approve a claim, either the spouse or the veteran who is surviving can file an appeal. This is a complicated and lengthy process that can be complicated even by the most straightforward disability claims. A veterans disability attorney can help you understand your options and get the benefits you deserve.

A common reason why people submit an claim for disability is because they are not content with the disability rating they have received. In this instance, the lawyer can make sure that all the evidence is in place to support an appropriate rating based on a debilitating condition caused or exacerbated by military service.

Another reason that people tend to require a veterans disability lawyer is because they've been waiting for too long to receive benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for those records.

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, as well as any other obligations you have. Certain attorneys are veterans themselves, and this can give them a unique type of compassion for their clients. They also make them more invested in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows an experienced reviewer to review the same evidence that was presented in the original claim and make a new decision on the case. The senior reviewer is able to either reverse or confirm the previous rating.

The veteran or their representative can request an informal meeting with the senior veterans disability attorney 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 information in a clear manner. A veteran disability attorney can help you prepare for and take part 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, if the earlier reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct the errors by changing the previous decision but only if it is in the best interests of the claimant.

The higher-level review can also result in a private hearing for the applicant, which provides an opportunity to connect with those who are reviewing the claim and explain their arguments. A veterans disability lawyer can assist in determining whether the need for a personal hearing is justified and prepare and present the evidence for the hearing.

Notice of Disagreement

You can file a disagreement within one year from the day the local office received the initial denial letter. The VA will then review your claim again and prepare a Statement of Case.

To file a complaint to file a dispute, you must use VA Form 21-958. A disability attorney can help you complete the form in a way that is effective in appealing the decision. You do not have to list all the reasons you do not agree with the VA's decision, Veterans Disability Attorney but it is advisable to be specific and help the VA understand what you think is wrong. Your attorney can provide guidance on the evidence you should submit in the NOD for example, statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point You have a second chance to be reviewed by an experienced reviewer in the form of a Higher-Level Review. This process could take as long as about 25 months and you must be with your lawyer throughout the process. If the VA still denies your claim, your lawyer can request a hearing to be held before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. But the VA is a huge bureaucracy that is easy to get lost in the system. A veteran disability lawyer can assist applicants navigate the system and provide the assistance they need.

The VA must review the case after the veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations and the evidence used in the initial decision. This includes reviewing the medical record of the veteran as well as in the event of a need, lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of evidence that it has reviewed.

The statement should state in a clear manner the reasoning behind its decision, and how it interpreted the laws and regulations that affected the case. It should address the allegations that the claimant has made in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the statement. If you're a veteran appealing a rating decision or a claim for benefits, get in touch with a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.