What s The Job Market For Veterans Disability Compensation Professionals
How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can help you navigate the procedure.
It's important that you choose an attorney who practices disability law and handles these cases at all levels of appeal. This helps ensure you'll be getting the best representation.
Appeals
When the VA denies or does not approve a claim, either the veteran or the surviving spouse can file an appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. A veteran disability lawyer can help you understand the options available to you and get the benefits you deserve.
A common reason for people to declare a disability claim is that they are not satisfied with their disability status. In this situation, the lawyer can ensure that the evidence is there to support a fair rating based on a disability condition that was caused or worsened by military service.
A veteran disability lawyer might be needed by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA to obtain those documents.
A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will allow you to concentrate on your health and any other responsibilities that you may have. Some lawyers are veterans and this may result in an innate compassion for their clients. This can make a major difference in the outcome of the appeal.
Higher-Level Reviews
Veterans can appeal VA decision if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence that was presented in the original claim and make a fresh determination. The senior reviewer is able to confirm or reverse the previous rating decision.
The veteran or their representative can request a meeting with the senior reviewer to discuss the case, however, only one such meeting is allowed. It is crucial to be prepared and present the facts of your case in a concise manner at this time. An attorney for veterans can assist you in preparing for and take part in the informal conference.
Higher-level reviews are typically used to correct mistakes by the reviewer who was earlier in a disability case which could include mistakenly interpreting evidence or committing errors in the law. The senior reviewer may alter a prior decision on the same claim in order to correct these kinds of mistakes however only if the changes are advantageous to the person filing the claim.
The more thorough review may result in a personal hearing for the claimant, which is an opportunity to meet with those who are reviewing the claim and to explain the arguments. A lawyer for veterans disability can help you determine whether or not it is required to request a personal hearing, as well as with preparation and presenting evidence at the hearing.
Notice of Disagreement
You may file a dispute within one year of the date the local office sent you the initial denial letter. The VA will review your case again and issue a Statement of the Case.
To file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You do not have to list all the reasons you do not agree with the VA's decision but it is important to be specific and help the VA to understand what you believe is wrong. Your attorney can help you on the kind of evidence to include along with the NOD, like statements from medical professionals or results of diagnostic tests.
If your appeal is not accepted at this point, you can have it reviewed by a senior reviewer through a Higher Level Review. This process could take up to approximately 25 months. You should be in contact with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer can request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. Your attorney will prepare your check should your claim be approved.
Statement of the Case
Congress has enacted a number of laws to ensure that veterans receive compensation for injuries, illnesses and conditions incurred during service. However the VA is a massive bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability attorney can help navigate the process and offer much-needed assistance for those seeking assistance.
The VA must examine the case once a veteran has filed the Notice of Dispute to the local VA office. This involves examining the laws, regulations and evidence used to reach the initial decision. This includes reviewing the medical records of the veteran as well as, if necessary, lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all evidence that it has reviewed.
The statement should state clearly the reasoning behind the decision, as well as how it determined the law and regulations that affected the case. It should address all the arguments made by the claimant in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date that the NOD was received. However due to the VA backlog, the agency may delay the release of the document. If you are a veteran seeking to appeal a decision on your rating or claim for benefits, get in touch with a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.
