20 Trailblazers Leading The Way In Veterans Disability Compensation

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

The process of submitting an application for veterans disability benefits can appear overwhelming. A qualified veterans disability lawyer can assist you from start to finish.

It's crucial to choose a lawyer who restricts their practice to disability cases and only handles those cases at every level of appeal. This ensures you're receiving the best representation.

Appeals

If the VA refuses or fails to approve a claim, the spouse of the deceased can appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veteran disability lawyer can assist you in understanding your options and get the benefits you deserve.

A common reason people declare a disability claim is that they are not satisfied with their disability rating. In this instance, a lawyer can make sure that there's enough evidence to back the proper rating in light of a condition that was caused or made worse by military service.

A veterans disability lawyer may be needed by people who have had to wait too long for their benefits. The lawyer can assist in determining what documents are not available, and then make an application for these records to the VA.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will give you the time to focus on your health, as well as any other responsibilities you may have. Some attorneys are veterans themselves, and this can give them a unique type of compassion for their clients and increase the stakes in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence presented in the original claim and make a fresh decision. The senior reviewer can confirm or reverse the previous decision to rate.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. In this meeting it is important to prepare and present your case's facts in a concise manner. An attorney for veterans can help you prepare for and participate in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the earlier reviewer in the case of a disability claim, such as failing to interpret evidence or making mistakes in the law. Senior reviewers can correct the errors by changing a previous decision, but only when it is in the best interest of the claimant.

The more extensive review can result in a hearing for the claimant which gives them the chance to talk to the person reviewing the claim, and explain their arguments. A veterans disability lawsuits disability lawyer can help you determine whether it's necessary to request a personal hearing, as well as with preparation and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one-year of the date the local office sent you the initial denial letter. The VA will review the claim again and create an Statement of Case.

If you want to file a dispute with the VA, you should fill out VA Form 21-958. A disability lawyer can assist you complete this form correctly to appeal the decision. You do not have to list every reason you do not agree with the VA's decision, but it is best to be specific in order to help the VA understand what you think is wrong. Your attorney can help you on what evidence to submit in the NOD such as statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it re-examined by a senior judge through a Higher Level Review. It could take as long as 25 months, and it is important to have your attorney at all the process. If the VA refuses to accept your claim, your attorney may request a hearing before a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries, and conditions they have suffered during their time of service. However, the VA is a huge bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can help people navigate the system and provide the assistance they need.

The VA must examine the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the laws, regulations, and the evidence used to make the original decision. This includes reviewing the veteran's medical record and when necessary, lay statements. The VA must send the claimant a Statement of Case which is a list of all the evidence it has examined.

This statement should describe clearly the reasoning behind its decision, including how it decided to interpret the laws and regulations that affected the case. It should address all assertions made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was sent. However, due to the VA backlog, the agency may take longer to issue this document. If you're a veteran appealing a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.