"Ask Me Anything " 10 Responses To Your Questions 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 a challenge. A veteran disability lawyer can guide you through the procedure.

It's crucial to locate an attorney who practices disability law and handles cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA decides to deny or not approve a claim, the spouse of the deceased can appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. A veterans disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.

A common reason why people make a claim for disability is because they are dissatisfied with their disability status. In this instance lawyers can make sure that there is sufficient evidence to support the appropriate rating based on a condition caused or made worse by military service.

A veterans disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA to obtain those documents.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you the time to concentrate on your health, as well as any other obligations you have. Some lawyers are veterans themselves, and this can give them a unique type of compassion for their clients and make them more invested in their cases. This can make a massive 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 an experienced reviewer to look at the same evidence as was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer can affirm or veterans disability lawyer reverse the previous decision to rate.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, but only one conference is permitted. It is essential to be prepared and explain your case in a clear manner at this meeting. An attorney for veterans can help you prepare and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes made by the previous reviewer on an appeal for disability that result in not interpreting evidence correctly or making mistakes in the law. The senior reviewer may alter an earlier decision on the same claim in order to fix these types of errors however only if those modifications are beneficial to the person filing the claim.

A hearing at a personal level can be arranged for the claimant as a result of the higher-level review. This is a chance for the claimant to meet the person who will be reviewing their claim and explain the arguments. A veteran disability lawyer can help determine whether or Veterans Disability Lawyer not a personal hearing is needed and prepare and present the evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to file a written notice of disagreement within one year from the date the local office has sent you the original denial notice. The VA will then review your case again and issue a Statement of the Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help complete this form correctly so that it is effective in contesting the decision. You don't need to list every reason why you are not with the decision. However it is best to be specific so that the VA can understand exactly what you believe to be incorrect. Your attorney can guide you about the type of evidence you can submit in the NOD including statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you have another chance to get it reviewed by a senior reviewer in the form of an Higher-Level Review. This could take up to 25 months, and you should have your attorney at with you every step of the procedure. If the VA still denies your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

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

When a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct an examination of the case. This includes looking at the regulations, laws and evidence used to make the initial decision. It also includes examining the veteran's medical records and, if needed, lay statements. The VA must send the claimant an official statement of the case that includes a list of all evidence it has examined.

This statement should be in plain language and provide the reasoning of the decision, which should include the interpretation of the regulations and laws which affect the case. It should address any claims made by the plaintiff in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it might take the agency longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about a rating or a claim for benefit.