How To Outsmart Your Boss On Veterans Disability Compensation

How a veterans disability lawyers Disability Attorney Can Help You Get the Benefits You Deserve

The process of obtaining veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can assist you from beginning to end.

It is essential to locate a lawyer that limits their law practice to disability cases, and only handles those cases at all levels of appeal. This will ensure that you're getting the best representation.

Appeal

When the VA refuses or fails to accept a claim, the veteran or the surviving spouse may appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can assist you in understanding all your options and secure the benefits you deserve.

The most common reason people submit a disability claim is that they are not happy with the disability rating they have received. In this instance, the lawyer can ensure that the evidence is in place to support a fair rating based on a disability condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have not received their benefits. The lawyer can help determine what documents are missing and then make a request for these records to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will allow you to focus on your health and any other obligations that you may have. Some lawyers are veterans, which can give them a unique empathy for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that permits a senior reviewer to look at the same evidence presented in the original claim and then make an additional decision regarding the case. The senior reviewer can either affirm or reverse the previous decision to rate.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However only one conference is permitted. It is crucial to be prepared and present the facts of your case in a concise manner at this time. A veteran disability attorney can help you prepare 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 example in the event that the previous reviewer misinterpreted evidence, or made mistakes in the law. Senior reviewers can correct the errors by changing a previous decision however only if it is in the best interests of the claimant.

The more thorough review may lead to a personal hearing for the applicant, which is an opportunity to speak with the person who will be reviewing the claim and explain their arguments. A veterans disability lawyer can help you determine whether it is necessary to request a private hearing, as well as with creating and presenting evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year from the date the local office received the original denial letter. The VA will then review your claim again and issue a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you complete the form in a way that is effective in contesting the decision. You do not have to list every reason you disagree with the VA's decision, but it is best to be specific to help the VA know what you believe is wrong. Your attorney can advise you on the evidence you should submit with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior reviewer through a Higher Level Review. This could take up to 25 months, and you must have your attorney by your side every step of the process. If the VA is unable to resolve your claim, your lawyer can request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for injuries, illnesses, and other conditions incurred during service. But the VA is a massive bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can guide you through the process and provide much-needed assistance to those seeking assistance.

Once a veteran has filed a Notice of Disagreement to his or her local VA office, the VA must conduct a review of the case. This includes examining the laws, regulations, and the evidence used to make 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 official statement of the case, which contains a list of all evidence that it has looked over.

The declaration should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the law and regulations relevant to the case. It should address any claims that the claimant has made in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date on which the NOD was filed. However due to the VA backlog the agency might delay the release of the document. If you're a veteran seeking to appeal a rating decision or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.