What s The Job Market For Veterans Disability Compensation Professionals Like

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 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 that you get the best legal representation.

Appeals

When the VA rejects or doesn't accept a claim, the spouse or the veteran who is surviving may appeal. It is a difficult and time-consuming process that can be complicated even for the most straightforward disability claims. A veteran disability lawyer can help you understand all your options and obtain the benefits you deserve.

The most common reason people declare a disability claim is that they are unhappy with their disability rating. In this instance, the lawyer can ensure that all the evidence is in place to justify a proper rating based upon a disabling condition caused by or aggravated by military service.

Another common reason for people to require a veterans disability lawyer is that they have been waiting too long to get their benefits. The lawyer can assist in determining the missing documents, and then make the request for these documents to the VA.

The help of a veterans disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will give you the time to focus on your health and any other obligations you have. Some lawyers are veterans themselves, and this can give them a unique type of compassion for their clients. They also give them a greater stake in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence presented in the original claim and then make an additional decision regarding the case. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or their agent may request an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is allowed. At this meeting it is important to prepare and present your case's details clearly. An attorney with expertise in veterans disability can help you prepare and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of a disability claim. For instance, if the earlier reviewer misinterpreted evidence or Veterans Disability made mistakes in the law. The senior reviewer is able to alter the previous decision made on the same claim to rectify these errors, but only if those modifications are beneficial to the applicant.

A personal hearing can also be arranged for the claimant as a result of the review at a higher-level. This provides the claimant to meet with the person who is reviewing their case and veterans disability explain the arguments. A veteran disability lawyer can help determine whether a personal hearing is required and also prepare and present evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office mailed you the original denial letter. The VA will then review your case once more and prepare a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you complete the form correctly to ensure it is effective in contesting the decision. You don't need to list every reason why you are not with the decision; however it is best to be specific in order that the VA knows exactly what you believe to be wrong. Your attorney can help you determine the evidence you should include in the NOD. This could be 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 can take approximately 25 months. You should be in contact with your lawyer throughout the process. If the VA rejects your claim, your attorney can request a hearing before an Veterans Law judge to present testimony and other evidence in person. Your attorney will draft your check in the event that your claim is approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for their ailments, injuries and illnesses caused by their service. However, the VA is a massive bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability attorney can help you navigate the process and provide much-needed assistance for claimants.

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

The statement should outline clearly the reasoning behind its decision, including how it determined the law and regulations that impacted the case. It should address any claims that the claimant has made in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision over the basis of a rating or a claim for benefit.