15 Hot Trends Coming Soon About 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 appear overwhelming. The right veterans disability attorney can assist you from beginning to end.
It is essential to choose an attorney who practices disability law and handles cases of this nature at all levels of appeal. This ensures you're receiving the best legal representation.
Appeals
If the VA rejects a claim or fails to accept benefits, it permits the veteran or or spouse who is surviving to file an appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.
One common reason that people have to make an application for disability benefits is that they are not happy with the disability rating they have received. In this situation lawyers can make sure that there's enough evidence to support an appropriate rating in light of a condition that was caused or aggravated by military service.
A veterans disability lawyer may be required by those who have had to wait too long for veterans disability attorney their benefits. The lawyer can help determine what documents are missing and submit a request to the VA for those records.
Having a veterans disability attorney can also take the burden of dealing with the VA away from you. This allows you to concentrate on your health and any other obligations that you may have. Some lawyers are veterans, and this can result in an innate compassion for their clients. 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 if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence provided in the original claim and make a fresh decision. The senior reviewer has the option to either reverse or confirm the previous rating.
The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, but only one such meeting is allowed. It is important to be prepared and explain the facts of your case in a clear manner during this meeting. A veterans disability attorney can help you prepare for and participate in the informal conference.
The higher-level reviews are typically used to correct mistakes made by the previous reviewer of the disability claim. For instance in the event that the previous reviewer misinterpreted evidence, or made errors in the law. Senior reviewers are able to correct these mistakes by changing a previous decision however only when it is in the best interests of the claimant.
The more thorough review may result in a hearing for the claimant which provides an opportunity to speak with the person who will be reviewing the claim and present their arguments. A veterans disability lawyer can assist in determining whether or not the need for a personal hearing is justified and can also 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 sent you the initial denial letter. The VA will review the claim again and create an Statement of Case.
You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help complete this form in a way that is effective in contesting the decision. You don't have to list every reason that you disagree with the decision; however, it is better to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can guide you on the evidence you should submit in the NOD including statements from medical professionals or results of diagnostic tests.
If your appeal is rejected at this point, you have another chance to be reviewed by an experienced reviewer in form of a Higher-Level Review. The process can take between 25 and approximately 25 months. You should be with your lawyer throughout the process. If the VA denies your claim your lawyer can request a hearing before an veterans disability law firms Law judge to present evidence and testimony in person. Your attorney will prepare your check if your claim is awarded.
Statement of the Case
Congress has passed a variety of laws to ensure veterans receive compensation for injuries, illnesses and conditions they have suffered during their service. The VA is a huge bureaucracy and it's easy to be lost. A veteran disability lawyer can help people navigate the system and provide the assistance they need.
The VA must review the case after a veteran has filed an Notice of Dispute at the local VA office. This includes examining the laws, regulations, and the evidence used in the original decision. This includes reviewing the medical record of the veteran as well as, if necessary, veterans disability attorney lay statements. The VA must provide the claimant with the Statement of Case which contains a list of evidence that it has reviewed.
This statement should be in plain language and provide the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address the issues made by the claimant in the NOD.
The Statement of the Case is usually 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 delay the release of the document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.
