25 Surprising Facts 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 a challenge. A qualified veterans disability lawyer can help you navigate it from beginning to end.

It is essential to choose a lawyer who restricts their practice to disabilities and only handles those cases at each level of appeal. This will ensure that you get the best representation.

Appeal

If the VA refuses to approve a claim or fails to accept benefits, it permits 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 for the simplest disability claims. A veterans disability law firms disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.

The most common reason people are required to make a disability claim is that they are not satisfied with their disability status. In this case, the lawyer can make sure that all the evidence is in place to justify a proper rating based on a debilitating condition caused by or aggravated by military service.

A veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can help determine the missing documents, and then submit a request 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 let you concentrate on your health and other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique level of empathy for their clients and increase the stakes in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows senior reviewers to examine the same evidence that was presented in the original claim and then make an entirely new decision in the case. The senior reviewer can confirm or reverse the previous rating decision.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, but only one conference is allowed. For this meeting, it is important to prepare and present your case's facts clearly. A veteran disability attorney can assist you in preparing and participate in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence or committed 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.

A personal hearing can also be arranged for the claimant as a consequence of the review at a higher level. This provides the applicant to meet with the person reviewing their claim and to present their case. A veterans disability lawyer can help determine whether it's required to request a personal hearing, as well as making and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office issued the initial denial letter. The VA will review your case once more and draft a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. It is not necessary to list every reason you don't agree with the decision; however it is recommended to be specific in order that the VA understands what exactly you believe to be incorrect. Your attorney can help you about the type of evidence you can submit along with the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage You have a second chance to have it reviewed by an experienced reviewer in form of an Higher-Level Review. This process can take about 25 months and you must be in contact with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer can request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. The VA is a large bureaucracy, and it's easy to become lost. A veteran disability attorney can help navigate the process and provide much-needed assistance to applicants.

When a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an examination of the case. This involves examining the laws, regulations, and evidence used in the initial decision. Also, it involves looking over the veteran's medical records and, if needed, veterans disability lawyer lay statements. The VA must provide the claimant with the Statement of Case which includes a list with evidence it has analyzed.

This statement should describe in clear language the reasoning behind its decision, and how it interpreted the laws and regulations that affected the case. It should address the allegations that the claimant has made in his or veterans disability lawyer her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date the NOD was filed. However due to the VA backlog it could take longer to mail the document. If you're a veteran appealing a rating decision or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.