20 Trailblazers Are Leading The Way In Veterans Disability Compensation

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

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

It's essential to find an attorney that only handles disability law and cases of this nature at all levels of appeal. This will ensure you receive the best legal representation.

Appeals

If the VA denies or does not consider a claim, the veteran or the surviving spouse can appeal. This is a complicated and lengthy procedure that can be complicated, even for the most basic disability claims. A veterans disability lawyer can help you understand all of your options and secure the benefits you deserve.

A common reason for people to submit a claim for disability is because they are dissatisfied with their disability rating. In this case an attorney can make sure that there is enough evidence to back an appropriate rating due to a condition caused or aggravated by military service.

A veterans disability lawyer may be needed by people who have not received their benefits. The lawyer can assist in determining the missing documents and submit a request the VA to obtain those documents.

A veterans disability lawyers disability lawyer will also help you get rid of the burden of dealing directly with the VA. This allows you to focus on your health and any other obligations you have. Certain attorneys are veterans themselves and this gives them a unique empathy for their clients and make them more invested in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that permits an experienced reviewer to look at the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer can either affirm or reverse the previous decision to rate.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one such conference is permitted. It is crucial to be prepared and explain the facts of your case in a clear manner at this time. An attorney that specializes in the field of veterans disability can assist you prepare for and participate in the informal conference.

Higher-level reviews are often used 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 are able to correct these mistakes by reversing a previous decision but only if it is in the best interests of the claimant.

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

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to file a written notice of disagreement within one year of the date on which the local office mails you the original denial letter. The VA will examine your claim again and create a Statement of the Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. You don't need to list every reason you don't agree with the decision. However it is recommended to be specific so that the VA knows exactly what you believe to be wrong. Your attorney can advise you on what evidence to submit to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, then you can request that it be reviewed by a senior reviewer through an Higher Level Review. This process could take as long as 25 months and you should be in contact with your lawyer throughout the process. If the VA denies your claim, your attorney may request an appointment with an Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for illnesses, injuries and conditions they have suffered during their service. The VA is a massive bureaucracy, and it's easy to be lost. A veteran disability attorney can guide you through the process and offer much-needed assistance for those seeking assistance.

Once a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an investigation of the case. This includes examining the laws, regulations, and evidence used in the initial decision. It also involves examining the medical records of the veterans and in the event of a need lay statements. The VA must provide the applicant with an official statement of case which includes a list with evidence that it has examined.

The statement should outline clearly the reasoning behind the decision, and how it interpreted the laws and regulations that affected the case. It should address the claims that the claimant has made in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date the NOD was filed. However due to the VA backlog the agency might take longer to mail the document. If you're a veteran seeking to appeal a decision on your rating or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.