How To Beat Your Boss On Veterans Disability Compensation

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

The process of submitting an application for veterans disability benefits may be overwhelming. The right veterans disability attorney can guide you from beginning to end.

It is essential to choose a lawyer who restricts their practice to disability cases and exclusively handles these cases at each level of appeal. This ensures that you're getting the best representation.

Appeals

When the VA rejects a claim or fails to allow benefits to be approved, it allows the veteran or or her surviving spouse to file an appeal. This is a complicated and lengthy procedure that can be complicated, even for the most straightforward disability claims. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

A common reason for people to submit a claim for disability is that they are not satisfied with their disability rating. In this instance, the lawyer can make sure that the evidence is sufficient to support a valid rating based on a disability condition caused by or aggravated by military service.

Another common reason for people to require a veteran disability lawyer is because they've waited too long to get their benefits. The lawyer can help determine what documents are missing and Veterans Disability Attorney submit a request to the VA to obtain those documents.

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This will let you concentrate on your health and any other obligations that you may have. Some attorneys are veterans themselves and this gives them a unique form of compassion for their clients and give them a greater stake in their cases. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence as in the original claim and then make a new decision. The senior reviewer has the choice to either reverse or confirm the previous rating.

A veteran or their representative can request an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. For this meeting it is crucial to prepare and present your case's information in a clear way. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of the disability claim. For example an earlier reviewer misinterpreted evidence, or made errors in the law. Senior reviewers can correct these errors by altering the decision made previously however only when it is beneficial to the claimant's interests.

The higher-level review could result in a hearing for the applicant, which provides an opportunity to speak with the person reviewing the claim and explain the arguments. A veteran disability lawyer can assist in determining whether a personal hearing is required, as well as prepare and present the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office issued the original denial letter. The VA will review the claim again and prepare a Statement of Case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help you complete the form in a manner that is effective in appealing the decision. You don't have to list every reason you disagree with the VA's decision but it is important to be specific in order to assist the VA determine what you think is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed by a senior judge through a Higher Level Review. This process can take 25 months and you should be with your lawyer throughout the process. If the VA denies your claim your attorney can request a hearing before a veterans disability lawsuits Law judge to present testimony and other evidence in person. Your lawyer will prepare your check when your claim is accepted.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses, and other conditions suffered during service. But, the VA is a huge bureaucracy that is easy to be lost within the system. A veteran disability lawyer can help navigate the process and provide crucial assistance for claimants.

Once a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an investigation of the case. This includes examining the laws, regulations and evidence used to make the original decision. This includes reviewing the medical records of the veteran and when necessary, lay statements. The VA must provide the claimant with an official statement of case which contains a list of evidence it has analyzed.

The statement should be in plain language and provide the reasoning of the decision, which should include the interpretation of the regulations and laws affecting the case. It should address all assertions made by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. However due to the VA backlog it could delay the release of this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding an assessment or claim for benefits.