Why You Should Focus On Improving Veterans Disability Compensation

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

The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability lawyer can assist you from start to finish.

It's crucial to locate a lawyer that limits their practice to disability cases and exclusively handles these cases at each level of appeal. This will ensure that you're getting the best representation.

Appeals

When the VA denies a claim or fails to allow benefits to be approved, it allows the veteran or his or spouse who is surviving to appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. An attorney for veterans can assist you in understanding your options and get the benefits you deserve.

A common reason people declare a disability claim is that they are not satisfied with their disability status. In this case, the lawyer can make sure that the evidence is in place to support a valid rating based upon a disabling condition that is caused or exacerbated by military service.

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

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will let you concentrate on your health and any other obligations you have. Some attorneys are veterans, and this can result in a unique compassion for their clients. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence provided in the original claim, and make a new determination. The senior reviewer can choose to either reverse or confirm the previous rating.

The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, but only one conference is permitted. For this meeting it is crucial to prepare and present your case's details in a clear way. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews are usually used to correct mistakes by the earlier reviewer in a disability case, such as mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter a prior decision on the same claim to rectify these errors however only if the modifications are beneficial to the person filing the claim.

A personal hearing can also be arranged for the claimant as a result of the higher-level review. This is an opportunity for the claimant to meet the person who is reviewing their claim and discuss their arguments. A veterans disability lawyer can assist in determining whether or not it's required to request a personal hearing, and with preparation and presenting evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office issued the original denial letter. The VA will then review your claim again and prepare 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 the form correctly to appeal the decision. You don't have to list every reason you do not agree with the VA's decision but it is advisable to be specific and help the VA know what you believe is wrong. Your attorney can help you decide which evidence to include in the NOD. This could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is not accepted at this stage, then you can request that it be reviewed by a senior judge through an Higher Level Review. This could take up to 25 months, and it is important to have your attorney by with you every step of the process. If the VA refuses to accept your claim, your lawyer may request an appearance before an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans disability lawyers receive compensation for illnesses, injuries, and conditions they have suffered during their time of service. The VA is a big bureaucracy and it's easy to be lost. A veteran disability lawyer can assist those seeking assistance navigate the system and provide the much-needed assistance.

When a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct an investigation into the case. This includes reviewing the regulations, laws, and the evidence used in the initial decision. Also, it involves looking over the medical records of the veteran as well as, if needed, lay statements. The VA must provide the claimant with the Statement of Case which contains a list of evidence it has analyzed.

This statement should explain in plain language the reasoning behind the decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address all arguments made by the claimant in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date the NOD was filed. Due to the VA backlog it may take the agency longer to issue the statement. If you are a veteran appealing the decision of a rating agency or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.