What s The 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 veterans disability lawyer can guide you through the procedure.

It's essential to locate an attorney who handles disability law and these cases at all levels of appeal. This will ensure that you get the best representation.

Appeals

When the VA decides to deny or not consider a claim, the spouse or the veteran who is surviving may appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can help you understand the options available to you and help you get the benefits you deserve.

A common reason why people make a claim for disability is that they are unhappy with their disability status. In this instance lawyers can make sure that there's enough evidence to support the proper rating in light of a condition that was caused or aggravated by military service.

Another reason that people tend to require a veterans disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing, and then make an application for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This gives you the time to concentrate on your health, and any other obligations you have. Certain attorneys are veterans themselves, and this can give them a unique form of empathy with their clients and make them more invested 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 disability law firms have more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits a senior reviewer to examine the same evidence that was presented in the original claim and then make an additional decision regarding the case. The senior reviewer has the option to either affirm or reverse the previous rating.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, but only one of these conferences is permitted. At this meeting it is crucial to prepare and present your case's details clearly. An attorney that specializes in veterans disability can help you prepare and participate at the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of a disability claim. For instance when the previous reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer can alter the previous decision made on the same claim in order to rectify these errors, but only if those changes are beneficial to the applicant.

The more thorough review may result in a hearing for the claimant which gives the claimant an opportunity to meet with the person reviewing the claim and present the arguments. A veteran disability lawyer can help decide whether a personal hearing is required and prepare and present the evidence for the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you can file a notice of disagreement within one year of the date on which the local office has sent you the original denial notice. The VA will review the case again and create an Statement of Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you complete the form correctly so that it is effective in appealing the decision. You don't have to list all the reasons you disagree 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 guide you about the type of evidence you can submit with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this point, you have another chance to get it reviewed by an experienced reviewer in the form of A Higher-Level Review. This could take anywhere from 25 months, and it is important to have an attorney on your side every step of the procedure. If the VA continues to deny your claim, your lawyer may request a hearing to be held before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions caused by their service. But, the VA is a massive bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can help claimants navigate the system and offer the much-needed assistance.

The VA must review the case after the veteran has filed a Notice of Dispute with the local VA office. This includes looking at the laws, regulations and evidence used to make the initial decision. It also involves examining the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all evidence it looked over.

This statement should describe in a clear manner the reasoning behind its decision, as well as how it determined the law and regulations that affected the case. It should address all assertions made 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 on which the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding the basis of a rating or a claim for benefits.