The Three Greatest Moments In Veterans Disability Compensation History

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

The process of submitting an application for veterans disability law firms disability benefits can appear overwhelming. A qualified veterans disability lawyer can help you navigate it from beginning to end.

It is essential to choose a lawyer who restricts their law practice to disability cases and exclusively handles these cases at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeal

If the VA denies a claim, or does not allow benefits to be approved, it allows the veteran or or the spouse who died to file an appeal. This is a complex and time-consuming process that can be complicated even by the most simple disability claims. A veteran disability lawyer can help you understand all of your options and obtain the benefits you deserve.

The most common reason for people to submit a claim for disability is because they are dissatisfied with their disability rating. In this situation, the lawyer can ensure that the evidence is in place to support an appropriate rating based on a disability condition that is caused or exacerbated 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 what documents are missing, and then make the request for these documents to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will let you concentrate on your health and any other responsibilities that you may have. Some attorneys are veterans themselves and this can provide them a unique type of compassion for their clients and give them a greater stake in their cases. This can make a huge difference in the result 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 option is a decision-review option that permits an experienced reviewer examine the same evidence provided in the original claim, and make a fresh determination. The senior reviewer has the option to either reverse or confirm the previous rating.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, however, only one conference is allowed. It is essential to be prepared and Veterans Disability Lawyer present the facts of your case in a concise manner at this meeting. An attorney who is specialized in the field of disability for veterans can help you prepare and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For example, if the earlier reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct these errors by changing the previous decision, but only when it is in the claimant's best interest.

A personal hearing could be arranged for the claimant as a consequence of the review at a higher level. This provides the claimant to meet the person who is reviewing their claim and discuss their arguments. A veterans disability lawyer can assist in determining whether it is necessary to request a private hearing, and with making and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may submit a notice of disagreement within one year from the date on which the local office gives you the original denial letter. The VA will then review your case again and issue an official statement of the case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist to fill out the form correctly to appeal the decision. You do not have to list all the reasons you do not agree with the VA's decision however, it is recommended to be specific and help the VA determine what you think is wrong. Your attorney can assist you in deciding what evidence to include with the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed again by a senior reviewer through an Higher Level Review. This process can take about 25 months and you must be with your attorney throughout the process. If the VA rejects your claim, your attorney can request an appeal before an Veterans Law judge to present testimony and other evidence in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

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

The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This involves examining the laws, regulations and the evidence used in the initial decision. Also, it involves looking over the veteran's medical records and when necessary lay statements. The VA must provide the claimant with an Statement of Case which includes a list of evidence that it has reviewed.

The statement should outline in plain language the reasoning behind its decision, including how it determined the law and regulations that affected the case. It should address all contentions the claimant raised in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the statement. If you are a veteran who is appealing a decision on your rating or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.