What You Must Forget About Making Improvements To Your Veterans Disability Compensation

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

The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability lawyer can guide you from start to finish.

It's important to choose a lawyer who restricts their law practice to disability cases and only handles these cases at every stage of appeal. This will ensure that you get the most effective representation.

Appeal

When the VA refuses or fails to approve a claim, the veteran or the surviving spouse may appeal. This is a lengthy and lengthy process that can be complicated, even for the most simple disability claims. A veterans disability lawyer can help you understand all of your options and obtain the benefits you deserve.

A common reason why people make a claim for disability is that they are not satisfied with their disability status. In this instance lawyers can make sure there is enough evidence to justify the proper rating based on a condition that is caused or worsened by military service.

A veterans disability lawyer may be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA for those records.

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 you might have. Some lawyers are veterans themselves which can give them a unique compassion for their clients. They also make them more invested in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) veterans disability law firms have more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits a senior reviewer to review the same evidence that was presented in the original claim and then make an additional decision regarding the case. The senior reviewer is able to affirm or reverse the previous decision to rate.

A veteran or their representative could arrange for an informal conference to discuss the case with the senior reviewer. However, only one conference is permitted. It is important to be prepared and explain your case in a clear manner during this meeting. An attorney with expertise in veterans disability can help you prepare and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes by the previous reviewer on the case of a disability claim that result in mistakenly interpreting evidence or committing errors in the law. The senior reviewer may alter the previous decision made on the same claim in order to rectify these errors, but only if those changes are beneficial to the claimant.

The more extensive review can lead to a personal hearing for the claimant which gives them the chance to meet with the person reviewing the claim and to explain the arguments. A veterans disability lawyer can help you determine whether it is necessary to request a private hearing, as well as creating and presenting evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year from the day the local office received the initial denial letter. The VA will review the case once more and draft a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form in a way that is effective in appealing the decision. It is not necessary to list all the reasons you do not agree with the VA's decision but it is important to be specific to help the VA determine what you think is wrong. Your attorney can provide guidance about the type of evidence you can submit with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point If you are denied, you can try again to review it by an experienced reviewer in form of a Higher-Level review. This process could take as long as up to 25 months, and you should be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer could request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to make sure that veterans are compensated for their ailments, injuries and illnesses incurred during service. However, the VA is a huge bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can help you navigate the process and provide much-needed assistance to claimants.

If a veteran files a Notice of Disagreement to his or her local VA office, the agency must conduct an examination of the case. This involves examining the laws, regulations and evidence used in making the initial decision. Also, it involves looking over the veteran's medical records and in the event of a need lay statements. The VA must provide the claimant with an Statement of Case which includes a list of evidence that it has reviewed.

The declaration should be written simple and clear, and also explain the reasoning of the decision, which should include the interpretation of the law and regulations which affect the case. It should address the allegations raised by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. However, due to the VA backlog it could delay the release of the document. If you are a veteran who is appealing the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.