25 Shocking Facts About 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. The right veterans disability attorney can guide you from beginning to end.

It's essential to locate a lawyer that limits their law practice to disability cases and only handles these cases at every level of appeal. This will ensure you receive the best representation.

Appeal

If the VA refuses to approve a claim or fails to approve benefits, it gives the veteran or or spouse who is surviving to file an appeal. This is a lengthy and time-consuming process that can be complicated even with the simplest disability claims. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

A common reason why people need to file an claim for disability is because they are not satisfied with their disability rating. In this instance an attorney can make sure that there's enough evidence to justify an appropriate rating in light of a condition that was caused or aggravated by military service.

Another reason for people to require a veteran disability lawyer is because they've waited too long to receive their benefits. The lawyer can assist in determining the missing documents, and then make a request for these records to the VA.

A veteran disability lawyer can also take away the burden of dealing directly with the VA. This allows you to concentrate on your health and other obligations you might have. Some lawyers are veterans disability lawsuit which can give them an innate empathy for their clients. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

veterans disability law firm are able to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence that was presented in the original claim, and then make an additional decision on the case. The senior reviewer is able to either affirm or reverse the previous rating.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, but only one conference is allowed. It is crucial to be prepared and explain your case in a clear manner during this meeting. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews are usually used to correct errors made by the reviewer who was earlier in an appeal for disability which could include failing to interpret evidence or making mistakes in the law. The senior reviewer may alter a prior decision on the same claim in order to rectify these errors, but only if those changes are beneficial to the applicant.

A personal hearing may be arranged for the applicant as a result of the review at a higher-level. This is an opportunity for the claimant to meet with the person who is reviewing their claim and present their arguments. A veterans disability lawyer can assist in determining whether a personal hearing is required and can also prepare and present the evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued an assessment, you may submit a notice of disagreement within one year from the date that the local office mails you the original denial notice. The VA will review your claim again and create a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form correctly to ensure it is effective in appealing the decision. You don't have to list every reason that you disagree with the decision. However, it is better to be specific so that the VA knows exactly what you believe to be incorrect. Your attorney can help you decide what evidence to include with the NOD. These could be statements from medical professionals, or results from diagnostic tests.

If your appeal is rejected at this stage There is a second chance to have it reviewed by a senior reviewer in form of a Higher-Level review. This process could take as long as up to 25 months, and you should be in contact with your lawyer at all times. If the VA denies your claim your lawyer may request an appeal before a Veterans Law judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are compensated for their injuries, illnesses and other ailments caused by their service. But the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the much-needed assistance.

Once a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct an examination of the case. This includes examining the laws, regulations and evidence used to make the original decision. This includes reviewing 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 includes a listing of all evidence that it has examined.

The statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address the issues that the claimant has made in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. If you're a veteran seeking to appeal a decision on your rating or claim for benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.