What s The Current Job Market For Veterans Disability Compensation Professionals

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

The process of getting veterans disability benefits can be a challenge. A lawyer for veterans can guide you through the procedure.

It is essential to find a lawyer who limits their law practice to disability cases and only handles these cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA decides to deny or not accept a claim, the spouse or the veteran who is surviving may appeal. This is a complicated and lengthy procedure that can be complicated even with the most basic disability claims. A veterans disability attorney can help you understand your options and veterans disability ensure you receive the benefits you deserve.

The most common reason for people to submit a claim for disability is that they are unhappy with their disability rating. In this case, a lawyer can make sure that there is enough evidence to support the appropriate rating based on a condition caused or aggravated by military service.

A lawyer for veterans may be required by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA to obtain those documents.

Having a veterans disability attorney can also help you deal with the VA away from you. This allows you to concentrate on your health and other obligations you have. Certain attorneys are veterans and this can result in an unmatched compassion for their clients. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence as in the original claim, and make a fresh determination. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their representative can request an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is permitted. It is crucial to be prepared and provide the facts of your case in a concise manner during this meeting. A veterans disability attorney can help you prepare and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted evidence or committed errors in the law. The senior reviewer can change an earlier decision on the same claim in order to correct these mistakes however only if the modifications are beneficial to the person filing the claim.

A personal hearing can also be scheduled for the claimant as a consequence of the higher-level review. This gives the claimant to meet the person who is reviewing their claim and explain the arguments. A lawyer who is a veteran can assist with determining whether or not it is necessary to request a personal hearing, as well as creating and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made an assessment, you may file a written notice of disagreement within one year of the date on which the local office gives you the original denial notice. The VA will review the case once more and draft a Statement of the Case.

To file a disagreement, you should use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to list every reason you don't agree with the VA's decision, however, it is recommended to be specific to help the VA determine what you think is wrong. Your attorney can assist you in deciding the evidence you should include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is not granted at this point If you are denied, you can try again to be reviewed by a senior reviewer in form of an Higher-Level Review. This could take up to 25 months, and you should have your attorney by all the procedure. If the VA denies your claim, your attorney can request an appeal before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for their injuries, illnesses and conditions that they suffer during their service. But the VA is a huge bureaucracy that is easy to get lost in the maze of regulations. A veteran disability lawyer can help claimants navigate the system and offer much needed assistance.

If a veteran files a Notice of Disagreement with his or her local VA office, the VA must conduct a review of the case. This includes examining the laws, regulations, and the evidence used to make the original decision. This also includes looking at the veteran's medical records and in the event of a need, lay statements. The VA must send the claimant a Statement of the Case that includes a list of all evidence that it has examined.

This statement should explain in plain language the reasoning behind the decision, and how it determined the law 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 of the date that the NOD was filed. However due to the VA backlog, the agency may take longer to mail the document. Contact a veterans disability law firm disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about the basis of a rating or a claim for benefits.