The Reason 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 getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can help you navigate it from beginning to end.

It is essential to locate a lawyer that limits their practice to disability cases, and only handles these cases at each level of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA rejects a claim or fails to approve benefits, it gives the veteran or his spouse who survives to file an appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. An attorney for veterans can assist you in understanding your options and obtain the benefits you deserve.

One of the main reasons people have to make a disability claim is because they are not content with their disability status. In this case, the lawyer can make sure that the evidence is sufficient to justify a proper rating based on a debilitating condition that was caused or worsened by military service.

A veterans disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents and submit a request the VA to obtain those documents.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you the time to concentrate on your health and any other responsibilities you may have. Certain attorneys are veterans and this can result in an exceptional compassion for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence provided in the original claim and make a fresh determination. The senior reviewer can affirm or reverse the previous rating decision.

A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. In this meeting, it is important to prepare and present your case's facts in a clear way. A veterans disability attorney can help you prepare for and take part 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 in the event that the previous reviewer misinterpreted the evidence or made errors in the law. The senior reviewer may alter an earlier decision regarding the same claim in order to fix these types of errors, but only if those modifications are beneficial to the claimant.

A personal hearing could be arranged for the claimant in the wake of the higher-level review. This is a chance for the claimant to meet with the person who is reviewing their case and discuss their arguments. A veterans disability lawyer can assist with determining whether or not it is necessary to request a private hearing, as well as preparing and presenting the evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office issued the initial denial letter. The VA will then review your case again and create a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help complete this form in a manner that is effective in contesting the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, but it is important to be specific to help the VA know what you believe is wrong. Your attorney can provide guidance on the evidence you should submit in the NOD including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it reviewed again by a senior reviewer through an Higher Level Review. This could take anywhere from 25 months, and it is important to have your attorney by your side throughout the way. If the VA is unable to resolve your claim, your lawyer may request that a hearing be held before an 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 many laws to ensure veterans receive compensation for illnesses, injuries, and ailments they've experienced during their service. However, the VA is a huge bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can assist people navigate the system and provide the much-needed assistance.

Once a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct an investigation into the case. This includes looking at the laws, regulations and the evidence used to make the original decision. This includes looking over the medical records of the veteran and in the event of a need lay statements. The VA must provide the claimant with a Statement of Case that includes a list of all evidence it has examined.

The declaration should be written in plain language and explain the reasoning behind the decision, as well as the interpretation of the laws and regulations affecting the case. It should address the claims that the claimant has made in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date that the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the statement. If you're a veteran appealing a decision on your rating or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.