The 10 Most Scariest Things About Veterans Disability Compensation

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

The process of getting veterans disability benefits can be overwhelming. The right veterans disability attorney can assist you from start to finish.

It's essential to locate an attorney who handles disability law and these cases at all levels of appeal. This will ensure that you get the best legal representation.

Appeal

If the VA rejects a claim or fails to accept benefits, it permits the veteran, or his or her surviving spouse to appeal. It is a difficult and lengthy procedure that can be complicated even by the most simple disability claims. A veterans disability attorney can help you understand your options and get the benefits you deserve.

A common reason for people to file a claim for disability is that they are not satisfied with their disability status. In this case an attorney can make sure that there is enough evidence to support an appropriate rating in light of a condition that was that is caused or worsened by military service.

A veterans disability lawsuit disability lawyer could be needed by people who have not received their benefits. The lawyer can assist in determining what documents are missing and then submit a request 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 allow you the time to focus on your health and any other responsibilities you may have. Some attorneys are veterans themselves and this can provide them a unique empathy for their clients and create a deeper investment in their cases. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse 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 provided in the original claim, and then make a new decision. The senior reviewer is able to affirm or reverse the previous rating decision.

The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, but only one such conference is permitted. At this meeting it is crucial to prepare and present your case facts in a concise manner. A veterans disability attorney can assist you in preparing and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For instance when the previous reviewer misinterpreted evidence, or made errors in the law. Senior reviewers can correct these errors by changing a previous decision however only if it is in the claimant's best interest.

A personal hearing can also be arranged for the claimant as a result of the review at a higher-level. This gives the claimant to meet the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can assist in determining whether or not it is necessary to request a personal hearing, and with making and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you can submit a notice of disagreement within one year of the date that the local office has sent you the original denial letter. The VA will examine your claim again and issue an official statement of the case.

To file a disagreement, you should use VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't have to list every reason why you are not with the decision. However it is recommended to be specific in order that the VA understands what exactly you believe is incorrect. Your attorney can help you determine which evidence to include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is not granted at this stage There is a second chance to be reviewed by an experienced reviewer in form of a Higher-Level review. This can take up to 25 months, and you must have your attorney by your side every step of the process. If the VA refuses to accept your claim, your lawyer can request an appointment with an veterans disability lawsuits 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 written extensive laws to ensure that veterans are paid for ailments, injuries and illnesses incurred during service. The VA is a large bureaucracy and it's easy for people to get lost. A veteran disability attorney can help you navigate the process and offer much-needed assistance for those who are seeking benefits.

Once a veteran has filed a Notice of Disagreement with his or local VA office, the agency must conduct an investigation of the case. This includes reviewing the laws, regulations and the evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as, if necessary lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence that it has looked over.

This statement should explain in clear language the reasoning behind its decision, including how it interprets the laws and regulations that affected the case. It should address all the claims made by the plaintiff in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of when the NOD was filed. However, due to the VA backlog it could delay the release of the document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, get in touch with an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.