Why The Biggest "Myths" Concerning Veterans Disability Compensation Could Actually Be True

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

The process of obtaining veterans disability benefits can be overwhelming. The right veterans disability attorney can guide you from beginning to end.

It's crucial to locate an attorney who handles disability law and these cases at all levels of appeal. This ensures that you're receiving the best representation.

Appeal

When the VA denies or does not consider a claim, the veteran or the surviving spouse can file an appeal. This is a lengthy and lengthy process that can be complicated even by the most straightforward disability claims. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

The most common reason people declare a disability claim is that they are unhappy with their disability rating. In this instance lawyers can make sure that there's enough evidence to justify the proper rating in light of a condition that was caused or aggravated by military service.

A veteran disability lawyer might be required by those who have waited too long to get their benefits. The lawyer can help determine the missing documents, and then submit an inquiry 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 allow you to concentrate on your health and other obligations that you may have. Certain attorneys are veterans themselves, and this 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 outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to review the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer can affirm or reverse the previous rating decision.

A veteran or their agent may ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. It is essential to be prepared and provide your case in a clear manner during this meeting. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the reviewer who was earlier in the case of a disability claim that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by reversing a previous decision but only if it is in the claimant's best interest.

A personal hearing can also be arranged for the applicant as a result of the review at a higher-level. This is an opportunity for the applicant to meet with the person reviewing their claim and to present their case. A lawyer for veterans can help you determine whether or not it's necessary to request a personal hearing, and also with preparing and veterans disability attorney presenting the evidence at the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued an assessment, you may file a written notice of disagreement within one year from the date when the local office sends you the original denial letter. The VA will review your case again and create an Statement of Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you complete the form in a way that is effective in contesting the decision. You don't have to list every reason you disagree with the VA's decision, but it is important to be specific and help the VA determine what you think is wrong. Your attorney can advise you on the kind of evidence to include to support the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can request that it be reviewed by a senior judge through an Higher Level Review. It could take as long as 25 months, and you should have an attorney on your side every step of the process. If the VA is unable to resolve your claim, your lawyer could request that a hearing be held before a veterans disability attorneys Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check if your claim is awarded.

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. However the VA is a huge bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can assist claimants navigate the system and offer the assistance they need.

Once a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct a review of the case. This includes looking into the regulations, laws and evidence used in making the initial decision. This includes reviewing the medical records of the veteran and, if necessary, lay statements. The VA must provide the claimant with a Statement of Case which is a list of all evidence it has examined.

This statement should be in plain language and provide the reasoning behind the decision, as well as the interpretation of the law and regulations that affect the case. It should address the issues that the claimant has made 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. However, due to the VA backlog the agency might delay the release of the document. If you are a veteran seeking to appeal a decision on your rating or claim for benefits, get in touch with an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.