5 Laws Everybody In Veterans Disability Compensation Should Be Aware Of

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 qualified veterans disability lawyer can help you navigate it from start to finish.

It's essential to find a lawyer who limits their law practice to disability cases and only handles these cases at every stage of appeal. This helps ensure you'll be receiving the best representation.

Appeal

When the VA rejects or doesn't consider a claim, the spouse or the veteran who is surviving can appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can assist you in understanding the various options available and obtain the benefits you deserve.

One of the main reasons people are required to file a disability claim is because they are unhappy with their disability status. In this instance lawyers can make sure that there is sufficient evidence to justify a rating that is appropriate in light of a condition that was that is caused or worsened by military service.

A veterans disability lawyer may be needed by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for those records.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, and any other obligations you have. Some attorneys are veterans, and this can result in an exceptional compassion for their clients. This can make a big 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 to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to review the same evidence that was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer has the choice to either affirm or reverse the previous rating.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, but only one of these conferences is allowed. It is essential to be prepared and explain your case in a clear manner at this meeting. An attorney that specializes in veterans disability can help you prepare and participate in the informal conference.

Higher-level reviews are often utilized to correct errors made by the previous reviewer on a disability case that result in failing to interpret evidence or making mistakes in the law. The senior reviewer can change the previous decision made on the same claim in order to correct these mistakes however only if those modifications are beneficial for the person filing the claim.

A personal hearing could be arranged for the applicant as a result of the review at a higher-level. This provides the claimant to meet the person who is reviewing their case and to present their case. A veterans disability lawyer can assist with determining whether or not it's necessary to request a private hearing, as well as with preparation and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued an assessment, you may submit a notice of disagreement within one year of the date the local office has sent you its original denial letter. The VA will review your case once more and draft a Statement of Case.

To file a disagreement, you should use VA Form 21-958. A disability lawyer can assist you complete this form correctly to appeal the decision. You do not have to list all the reasons you disagree with the VA's decision, but it is advisable to be specific and help the VA determine what you think is wrong. Your attorney can help you determine what evidence to include with the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is not granted at this stage, you have another chance to get it reviewed by an experienced reviewer in form of a Higher-Level review. This process can take 25 months and you should be with your attorney at every step. If the VA refuses to accept your claim, your lawyer can request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a number of 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's easy to become lost in the system. A veteran disability attorney can guide you through the process and offer much-needed assistance for applicants.

Once a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an investigation into the case. This includes looking into the regulations, laws and evidence used to make the original decision. It also involves examining the veteran's medical records and when necessary lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence that it has reviewed.

The statement should be written simple and clear, and also explain the reasoning for the decision, veterans disability Lawyer including the interpretation of the laws and regulations that affect the case. It should address all arguments made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. Due to the VA backlog, it may take longer for the agency to issue the statement. If you are a veteran seeking to appeal a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.