How To Outsmart Your Boss On Veterans Disability Compensation

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

The process of getting Pana Veterans disability law Firm disability benefits can be a challenge. The right columbiana veterans disability attorney disability attorney will guide you from beginning to end.

It's important to locate a lawyer that limits their practice to disability cases and only handles these cases at every level of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA decides to deny or not accept a claim, the spouse or the veteran who is surviving can appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. An attorney for veterans can help you understand your options and ensure you receive the benefits you deserve.

The most common reason why people file a claim for disability is that they are not satisfied with their disability rating. In this case, the lawyer can make sure that all the evidence is in place to support an appropriate rating based upon a disabling condition that is caused or exacerbated by military service.

A benton veterans disability law firm disability lawyer may be required by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing, and then submit an inquiry for these records to the VA.

A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you time to focus on your health, and [empty] any other obligations you might have. Some attorneys are veterans which can give them a unique level of empathy for 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) provides veterans with more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence provided in the original claim, and make a new determination. The senior reviewer has the option to either reverse or confirm the previous rating.

A veteran or their agent may arrange for an informal conference to discuss the matter with the senior reviewer. However only one conference is permitted. It is crucial to be prepared and explain the facts of your case in a concise way at this conference. A veterans disability attorney can help you prepare for and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For instance when the previous reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision, but only when it is in the best interests of the claimant.

A personal hearing may be scheduled for the claimant in the wake of the review at a higher-level. This is a chance for those seeking to be heard by the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can help determine whether a personal hearing is needed and prepare and present the evidence for the hearing.

Notice of Disagreement

You may file a complaint within one year of the date the local office issued the original denial letter. The VA will review the claim again and prepare a Statement of Case.

To file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don't need to list 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 wrong. Your attorney can guide you about the type of evidence you can submit along with the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed by a senior judge through an Higher Level Review. This can take up to 25 months, and it is important to have your lawyer by your side throughout the way. If the VA refuses to accept your claim, your lawyer may request a hearing before a Veterans Law judge to present testimony and other evidence in person. If your claim is awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are compensated for injuries, illnesses and conditions that they suffer during their service. But the VA is a massive bureaucracy that is easy to become lost in the system. A veteran disability attorney can help you navigate the process and offer much-needed assistance for claimants.

The VA must review the case following the time the veteran has filed a Notice of Dispute with the local VA office. This involves examining the regulations, laws and the evidence used to make the original decision. This includes reviewing the medical record of the veteran as well as at times, lay statements. The VA must send the claimant a Statement of the Case which includes a listing of all evidence it has examined.

The statement should be in plain language and provide the reasoning behind the decision, as well as the interpretation of the law and regulations relevant to the case. It should address all arguments made by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to mail the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about the amount of your rating or a claim for benefits.