Why No One Cares About Veterans Disability Compensation

How a colby veterans disability lawsuit Disability Attorney Can Help You Get the Benefits You Deserve

The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can help you navigate it from beginning to end.

It's important to find a lawyer who has a limit on their practice to disabilities and only handles these cases at all levels of appeal. This will ensure that you get the best legal representation.

Appeals

If the VA rejects or doesn't accept a claim, the spouse of the deceased can file an appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can help you understand your options and obtain the benefits you deserve.

One of the main reasons people file an application for disability benefits is that they are not happy with their disability rating. In this situation, the lawyer can ensure that all the evidence is in place to support a valid rating based upon a disabling condition that is caused or exacerbated by military service.

Another reason that people tend to require a veteran disability lawyer is because they have been waiting too long for benefits. The lawyer can assist in determining the missing documents, and then submit an application for these records to the VA.

The help of a veterans disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This gives you the time to concentrate on your health and any other obligations you might have. Certain attorneys are veterans themselves which can give them a unique level of empathy with their clients and create a deeper investment 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) provides veterans with more options when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence that was presented in the original claim and make an additional decision regarding the case. The senior reviewer can affirm or reverse the previous rating decision.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, but only one such meeting is allowed. It is important to be prepared and explain the facts of your case in a clear manner at this time. A veteran disability attorney can help you prepare for and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to fix these types of mistakes but only if the modifications are beneficial for the claimant.

The higher-level review can also result in a private hearing for the claimant which gives the claimant an opportunity to speak with the person who will be reviewing the claim, and explain the arguments. A veteran disability lawyer can help determine whether an individual hearing is necessary, as well as prepare and present the evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one-year of the date the local office mailed you the original denial letter. The VA will then review your case again and create a Statement of the Case.

In order to file a disagreement for a disagreement, you should file VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't need to list every reason why you disagree with the decision; however it is best to be specific so that the VA understands what exactly you believe to be wrong. Your attorney can guide 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 denied at this stage, you have another chance to review it by a senior reviewer in the form of a Higher-Level review. This process could take as long as approximately 25 months. You should be in contact with your lawyer throughout the process. If the VA still denies your claim, your lawyer could request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for injuries, illnesses and conditions they've endured during their service. The VA is a massive bureaucracy and it's easy to get lost. A veteran disability lawyer can assist claimants navigate the system and offer the assistance they need.

The VA must examine the case once a veteran has filed a Notice of Dispute with the local VA office. This includes examining the laws, regulations, and evidence used in the original decision. This includes looking over the veteran's medical record and in the event of a need, lay statements. The VA must provide the applicant with an Statement of Case which includes a list with evidence that it has examined.

This statement should be in plain language and Vimeo explain the reasoning of the decision, which should include the interpretation of the regulations and laws that affect the case. It should address any claims that the claimant has made in the NOD.

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