The Most Prevalent Issues In Veterans Disability Compensation

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

The process of submitting an application for veterans disability benefits may appear overwhelming. The right veterans disability attorney will guide you from beginning to end.

It is essential to locate an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you get the most effective representation.

Appeal

If the VA refuses or fails to consider a claim, the spouse of the deceased or veteran can file an appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason for people to submit a claim for disability is that they are unhappy with their disability status. In this situation an attorney can make sure that there is sufficient evidence to back the proper rating due to a condition that is caused or worsened by military service.

Another common reason for people to require a veterans disability lawyer is that they have been waiting for too long to receive benefits. The lawyer can assist in determining the missing documents and then submit a request to the VA for those records.

A lawyer for veterans disability lawyers can also take away the burden of dealing directly with the VA. This will let you concentrate on your health and other responsibilities that you may have. Some lawyers are veterans, and this may result in a unique empathy for their clients. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to examine the same evidence that was presented in the original claim, and make a fresh determination. The senior reviewer may affirm or reverse the previous rating decision.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, but only one conference is allowed. For this meeting it is important to prepare and present your case's facts clearly. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of an appeal for disability. For instance when the previous reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim to correct these errors, but only if those modifications are beneficial to the applicant.

The more extensive review can lead to a personal hearing for the applicant, which is an opportunity to speak with those who are reviewing the claim, and explain their arguments. A veterans disability lawyer can help determine whether or not a personal hearing is required and can also prepare and present the evidence for the hearing.

Notice of Disagreement

You may file a complaint within one-year of the date the local office mailed you the original denial letter. The VA will examine your claim again and issue a Statement of the Case.

In order to file a disagreement for a disagreement, you should file VA Form 21-958. A disability attorney can help complete this form correctly to ensure it is effective in contesting the decision. You don't have to list all the reasons you do not agree with the VA's decision but it is best to be specific in order to help the VA determine what you think is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is rejected at this point, you can have it reviewed by a senior reviewer through an Higher Level Review. This process could take up to up to 25 months, and you should be with your lawyer at all times. If the VA still denies your claim, your lawyer can request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for injuries, illnesses and other ailments incurred during service. But, the VA is a huge bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can assist claimants navigate the system and provide the assistance they need.

Once a veteran has filed a Notice of Disagreement with his local VA office, the VA must conduct a review of the case. This includes looking at the laws, regulations and evidence used to reach the initial decision. Also, it involves looking over the medical records of the veteran and, if needed, lay statements. The VA must provide the applicant with an official statement of case which includes a list with evidence that it has reviewed.

The statement should outline in plain language the reasoning behind the decision, as well as how it determined the law and regulations that impacted the case. It should address all contentions the claimant raised in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date on which the NOD was filed. However due to the VA backlog it could take longer to issue the document. If you are a veteran seeking to appeal an appeal of a rating decision or claim for benefits, get in touch with a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.