25 Unexpected Facts About Veterans Disability Compensation

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

The process of obtaining veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can help you navigate it from start to finish.

It's crucial to find a lawyer who limits their practice to disability cases and only handles those cases at every stage of appeal. This will ensure you receive the best legal representation.

Appeal

If the VA refuses or fails to approve a claim, the veteran or the surviving spouse may appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability lawyer can assist you in understanding the various options available and secure the benefits you deserve.

The most common reason people need to submit a disability claim is because they are not satisfied with their disability ratings. In this situation lawyers can make sure that there's enough evidence to justify the proper rating based on a condition that is caused or worsened by military service.

A veterans disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can help determine the missing documents and then submit a request to the VA for the relevant records.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This gives you the time to focus on your health, as well as any other obligations you have. Some attorneys are veterans, and this can result in an exceptional empathy for their clients. This can make a big 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 if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits a senior reviewer to review the same evidence that was presented in the original claim, and then make a new decision on the case. The senior reviewer is able to confirm or reverse the previous decision to rate.

A veteran or their representative could arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. In this meeting it is important to prepare and present your case's information in a concise manner. An attorney for veterans can help you prepare and participate in the informal conference.

Higher-level reviews can be used to correct mistakes by the reviewer who was earlier in a disability claim that result in not interpreting evidence correctly or making mistakes in the law. The senior reviewer can alter an earlier decision regarding the same claim in order to correct these kinds of errors but only if the modifications are beneficial for the claimant.

The higher-level review can also result in a personal hearing for the claimant which provides an opportunity to connect with those who are reviewing the claim and present their arguments. A veterans disability lawyer can assist with determining whether it's required to request a personal hearing, as well as with creating and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued an assessment, you may file a notice of disagreement within one year from the date on which the local office gives you its original denial letter. The VA will review your claim again and create a Statement of the Case.

To file a complaint for a disagreement, you should file VA Form 21-958. An attorney for disabled people can help you complete the form in a manner that is effective in appealing the decision. It is not necessary to list every reason why you are not with the decision. However it is best to be specific in order that the VA knows exactly what you believe to be incorrect. Your attorney can help you decide what evidence to include with the NOD. This could be statements from medical professionals, or results from diagnostic tests.

If your appeal is not granted at this point There is a second chance to have it reviewed by a senior reviewer in form of an Higher-Level Review. This process could take as long as approximately 25 months. You should be with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer can request an appeal before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses and conditions caused by their service. The VA is a big bureaucracy, and it's easy to get lost. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the much-needed assistance.

The VA must examine the case once the veteran has filed a Notice of Dispute with the local VA office. This includes looking into the regulations, laws and evidence used to reach the original decision. This includes looking over the medical records of the veteran as well as, if necessary, lay statements. The VA must send the claimant a Statement of Case which includes a listing of all evidence it looked over.

The declaration should be written in plain language and explain the reasoning for the decision, including the interpretation of the regulations and laws affecting the case. It should address any claims made by the plaintiff in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. However, due to the VA backlog, the agency may delay the release of this document. If you are a veteran appealing an appeal of a rating decision or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.