10 Of The Top Mobile Apps To Veterans Disability Compensation

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

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

It's important that you find an attorney that only practices disability law and handles cases of this nature at all levels of appeal. This will ensure that you get the most effective representation.

Appeals

When the VA denies a claim, or fails to approve benefits, it allows the veteran or or her surviving spouse to file an appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding the options available to you and obtain the benefits you deserve.

One common reason that people have to file a disability claim is because they are not happy with their disability ratings. In this case, a lawyer can make sure that the evidence is sufficient to justify a proper rating based on a disabling condition caused or exacerbated 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 what documents are missing and then submit a request to the VA for those records.

A veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This will give you time to concentrate on your health, and any other responsibilities you may have. Some attorneys are veterans themselves, and this can give them a unique form of compassion for their clients and increase the stakes 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), veterans have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence as was presented in the original claim and then make an additional decision on the case. The senior reviewer may affirm or reverse the previous rating decision.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, however, only one of these conferences is allowed. At this meeting, it is important to prepare and present your case's information in a concise manner. A lawyer for veterans may assist you in preparing and participate in the informal conference.

Higher-level reviews are often used to correct mistakes by the earlier reviewer in the case of a disability claim for example, misinterpreting evidence or making errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision but only if it is in the claimant's best interest.

A hearing at a personal level can be arranged for the claimant as a result of the review at a higher level. This provides those seeking to be heard by the person who is reviewing their case and discuss their arguments. A veterans disability lawyer can help you determine whether it is necessary to request a private hearing, as well as creating and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you can file a written notice of disagreement within one year from the date the local office gives you the original denial notice. The VA will review the claim again and create an Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you complete the form correctly so that it is effective in contesting the decision. You do not have to list every reason you do not agree with the VA's decision but it is best to be specific in order to assist the VA to understand what you believe is wrong. Your attorney can help you on what evidence to submit in the NOD including statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you have another chance to be reviewed by a senior reviewer in form of an Higher-Level Review. This could take up to 25 months, and you must have your attorney by with you every step of the process. If the VA continues to deny your claim, your lawyer can request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to ensure veterans disability lawyers receive compensation for illnesses, injuries, and conditions they have suffered during their time of service. But, the VA is a huge bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the needed assistance.

The VA must review the case after the veteran has filed the Notice of Dispute to the local VA office. This includes looking into the laws, regulations and evidence used in making the original decision. This includes looking over the medical records of the veteran and at times lay statements. The VA must provide the applicant with a Statement of Case, which includes a list of evidence that it has examined.

This statement should describe in clear language the reasoning behind the decision, as well as how it interprets the laws and regulations that affected the case. It should address any claims made by the claimant in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. However, due to the VA backlog it could take longer to mail the document. Contact a veterans Disability law firms disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about the basis of a rating or a claim for benefit.