25 Surprising 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, Visit 133, can guide you from start to finish.

It is essential to find a lawyer who has a limit on their law practice to disabilities and only handles these cases at every stage of appeal. This ensures that you're getting the best representation.

Appeals

When the VA decides to deny or not consider a claim, the spouse of the deceased can file an appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

The most common reason people are required to make a disability claim is because they are not satisfied with their disability rating. In this instance, the lawyer can ensure that the evidence is in place to justify a proper rating based on a disabling condition that was caused or worsened by military service.

A veteran disability lawyer might be needed by those who have waited too long to get their benefits. The lawyer can help determine the missing documents and submit a request to the VA to obtain those documents.

A lawyer for veterans can also relieve you of the burden of dealing directly with the VA. This will allow you to focus on your health and any other obligations you have. Some attorneys are veterans themselves which can give them a unique level of compassion for their clients. They also create a deeper investment in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence that was presented in the original claim, and then make a new decision. The senior reviewer has the choice to either affirm or reverse the previous rating.

A veteran or their representative could request an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. It is crucial to be prepared and be able to present your case in a concise manner at this meeting. A veterans disability attorney can help you prepare and take part in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer may alter the previous decision made on the same claim to fix these types of mistakes, but only if those changes are advantageous to the person filing the claim.

The more thorough review may result in a personal hearing for the applicant, which gives the claimant an opportunity to speak with the person reviewing the claim and present their arguments. A lawyer for veterans can help determine whether it is necessary to request a personal hearing, and with creating and presenting evidence at the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you can file a notice of disagreement within one year from the date that the local office sends you the initial denial letter. The VA will review the claim once more and draft a Statement of the Case.

If you want to file a dispute, you should use VA Form 21-958. A disability attorney can help to fill out the form in a manner that is effective in contesting the decision. You do not have to list every reason you don't agree with the VA's decision, however, it is recommended to be specific and help the VA to understand what you believe is wrong. Your attorney can help you determine what evidence to include with the NOD. This could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it reviewed again by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and you must have your attorney at your side every step of the procedure. If the VA denies your claim your attorney can request a hearing before an Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check when your claim is accepted.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for injuries, illnesses and conditions incurred during service. But the VA is a massive bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can guide you through the process and veterans disability attorney provide crucial assistance to those who are seeking benefits.

The VA must review the case following the time a 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, if necessary lay statements. The VA must send the claimant a Statement of Case which includes a listing of all evidence it has studied.

The statement should state clearly the reasoning behind its decision, as well as how it interpreted the laws and regulations that affected the case. It should address the allegations that the claimant has made in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over the amount of your rating or a claim for benefits.