20 Myths About Veterans Disability Compensation: Debunked

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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can help you navigate it from start to finish.

It's crucial to locate a lawyer that limits their practice to disability cases and exclusively handles these cases at every stage of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

If the VA refuses or fails to consider a claim, the spouse of the deceased or veteran can appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

One of the main reasons people are required to declare an application for disability benefits is that they are unhappy with their disability ratings. In this instance lawyers can make sure there is enough evidence to support an appropriate rating due to a condition caused or made worse by military service.

A veterans disability lawyer could be required by those who have had to wait too long for their benefits. The lawyer can help determine the missing documents, and then submit an inquiry for these records to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to focus on your health, as well as any other responsibilities you may have. Some attorneys are veterans which can give them a unique form of compassion for their clients and increase the stakes in their cases. This can make a huge difference in the outcome 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 process that allows an experienced reviewer to look at the same evidence that was presented in the original claim and make a new determination. The senior reviewer is able to affirm or reverse the previous rating decision.

A veteran or their agent may request an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is allowed. In this meeting it is important to prepare and present your case facts in a concise manner. A veterans disability attorney can help you prepare and take part in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of an appeal for disability. For instance when the previous reviewer misinterpreted the evidence or made errors in the law. The senior reviewer can alter the previous decision made on the same claim to rectify these errors however only if the changes are beneficial to the person filing the claim.

A personal hearing could be arranged for the claimant as a consequence of the review at a higher-level. This provides the claimant to meet with the person who is reviewing their case and present their arguments. A veterans disability lawyer can assist with determining whether or not it's required to request a personal hearing, and with making and presenting the evidence at the hearing.

Notice of Disagreement

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

To file a disagreement, you should use VA Form 21-958. A disability lawyer can help complete this form correctly to ensure it is effective in contesting the decision. You don't have to include every reason you don't agree with the decision; however it is recommended to be specific so that the VA understands what exactly you believe to be wrong. Your attorney can help you on the kind of evidence to include with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point There is a second chance to get it reviewed by an experienced reviewer in the form of an Higher-Level Review. The process can take between 25 and 25 months and you should be with your lawyer throughout the process. If the VA rejects your claim, your attorney can request an appointment with a Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans disability law firm receive compensation for their injuries, illnesses and conditions that they suffer during their service. The VA is a large bureaucracy, and it's easy to be lost. A veteran disability lawyer can help you navigate the process and provide much-needed assistance for applicants.

The VA must review the case following the time the veteran has filed a Notice of Dispute with the local VA office. This includes examining the regulations, laws and evidence used in making the original decision. It also involves examining the veteran's medical records and, if needed lay statements. The VA must provide the applicant with an Statement of Case that includes a list of evidence it has analyzed.

This statement should be in plain English and should explain the reasoning behind the decision, as well as the interpretation of the regulations and laws affecting the case. It should address any claims raised by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date on which the NOD was filed. However due to the VA backlog and backlog, the agency could delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about an assessment or claim for benefit.