10 Tips For Getting The Most Value From Veterans Disability Compensation

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

The process of submitting an application for benefits for veterans disability can seem overwhelming. A lawyer who is a veterans disability attorney can guide you through the process.

It's important to find a lawyer who has a limit on their law practice to disability cases, and only handles those cases at all levels of appeal. This will ensure that you're getting the best representation.

Appeal

If the VA refuses to approve a claim or fails to approve benefits, it allows the veteran or his spouse who survives to appeal. It is a difficult and lengthy process that can be complicated even with the most straightforward disability claims. An attorney for veterans disability law firm can assist you in understanding your options and obtain the benefits you deserve.

The most common reason people are required to declare a disability claim is that they are not satisfied with the disability rating they have received. In this case, a lawyer can ensure that the evidence is in place to support an appropriate rating based on a debilitating condition caused or exacerbated by military service.

Another common reason for people to require a veteran disability lawyer is that they've waited too long for benefits. The lawyer can help determine the missing documents, and then make a request for these records to the VA.

A lawyer for firm veterans can also take away 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 themselves which can give them a unique form of compassion for their clients and make them more invested in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to examine the same evidence presented in the original claim, and then make an entirely new decision in the case. The senior firm reviewer can either affirm or reverse the previous rating decision.

A veteran or their representative can request an informal meeting to discuss the case with the senior reviewer. However, only one conference is allowed. In this meeting it is crucial to prepare and present your case's details in a concise manner. An attorney who specializes in veterans disability can help you prepare and participate at the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of a disability claim. For example when the previous reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct these errors by changing the previous decision however only if it is in the claimant's best interest.

A personal hearing may be scheduled for the claimant in the wake of the review at a higher level. This gives the applicant to meet with the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can assist in determining whether or not the need for a personal hearing is justified, as well as prepare and present the evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you can file a written notice of disagreement within one year of the date when the local office sends you its original denial letter. The VA will examine your claim once more and prepare a Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. It is not necessary to list every reason you don't agree with the VA's decision, but it is advisable to be specific and help the VA to understand what you believe is wrong. Your attorney can help you on the evidence you should submit along with the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage You have a second chance to review it by a senior reviewer in the form of a Higher-Level Review. The process can take between 25 and about 25 months and you must be in contact with your attorney throughout the process. If the VA rejects your claim, your lawyer can request an appearance before a Veterans Law judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to make sure that veterans are compensated for ailments, injuries and illnesses that they suffer during their service. However, the VA is a huge bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can help claimants navigate the system and offer the much-needed assistance.

The VA must review the case following the time the veteran has filed a Notice of Dispute with the local VA office. This includes reviewing the laws, regulations, and the evidence used to make the initial decision. It also involves examining the medical records of the veteran and in the event of a need lay statements. The VA must provide the applicant with a Statement of Case, that includes a list of evidence that it has examined.

The statement should outline in clear language the reasoning behind the decision, including how it interprets the laws and regulations that impacted the case. It should address the claims raised by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date the NOD was filed. Due to the VA backlog, it might take the agency longer to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding an assessment or claim for benefits.