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. The right veterans disability attorney can help you navigate it from beginning to end.

It's crucial to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

When the VA decides to deny or not approve a claim, the spouse of the deceased or veteran can file an appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason people make a claim for disability is that they are unhappy with their disability status. In this case lawyers can make sure there is enough evidence to back a rating that is appropriate based on a condition caused or made worse by military service.

Another common reason for people to require a veterans disability lawyer is that they have been waiting too long to get their benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for the relevant records.

A veteran disability lawyer will also help you get rid 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 lawyers are veterans and this may result in an innate compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have 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 as in the original claim and make a fresh determination. The senior reviewer can confirm or veterans disability attorney reverse the previous rating decision.

A veteran or veterans disability attorney their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. It is important to be prepared and provide the facts of your case in a clear manner at this time. A veterans disability attorney can help you prepare for and take part in the informal conference.

Higher-level reviews can be used to correct mistakes made by the previous reviewer in a disability claim, such as failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim to correct these mistakes however only if those modifications are beneficial to the claimant.

A hearing at a personal level can be scheduled for the claimant in the wake of the review at a higher-level. This is an opportunity for the claimant to meet the person who is reviewing their claim and explain the arguments. A lawyer for veterans can help you determine whether or not it's necessary to request a private hearing, as well as preparation and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you can submit a notice of disagreement within one year of the date that the local office sends you its original denial letter. The VA will review your case again and issue a Statement of the Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. It is not necessary to list all the reasons you disagree with the VA's decision, but it is important to be specific in order to help the VA determine what you think is wrong. Your attorney can help you determine what evidence to include with the NOD. This could be statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and you must have an attorney on with you every step of the process. If the VA refuses to accept your claim, your attorney can request an appeal before a Veterans Law judge to present testimony and other evidence in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries, and conditions they have suffered during their service. But the VA is a massive bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can help those seeking assistance navigate the system and provide the assistance they need.

The VA must examine the case once the veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations, and evidence used in the initial decision. It also includes examining the medical records of the veteran and when necessary lay statements. The VA must provide the claimant with a Statement of Case which includes a listing of all evidence that it has reviewed.

The statement should be in plain English and should explain the reasoning behind the decision, as well as the interpretation of the law and regulations affecting the case. It should address all the assertions made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was submitted. Due to the VA backlog it may take longer for the agency to issue the document. If you're a veteran who is appealing a decision on your rating or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.