The Most Pervasive Issues With 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. The right veterans disability attorney can assist you from beginning to end.

It’s crucial to find a lawyer who limits their law practice to disability cases and exclusively handles these cases at each level of appeal. This will ensure that you get the best representation.

Appeal

When the VA rejects or doesn’t consider a claim, the spouse or the veteran who is surviving may appeal. It is a difficult and lengthy process that can be complicated even by the most basic disability claims. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

A common reason why people have to make an claim for disability is because they are not satisfied with their disability ratings. In this case, the lawyer can make sure that the evidence is there to justify a proper rating based on a debilitating condition caused or exacerbated by military service.

A veteran disability lawyer might be needed by those who have had to wait too long for their benefits. The lawyer can help determine what documents are missing and then make the request for these documents to the VA.

A veteran disability lawyer can also take away the burden of dealing directly with the VA. This will give you time to concentrate on your health, as well as any other obligations you might have. Some attorneys are veterans disability law firm which can give them a unique level of compassion for their clients and make them more invested in their cases. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence presented in the original claim and then make an additional decision regarding the case. The senior reviewer can either affirm or reverse the previous rating decision.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, but only one such conference is allowed. It is important to be prepared and explain the facts of your case in a clear manner at this meeting. A veterans disability attorney 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 an earlier reviewer misinterpreted the evidence or made errors in the law. The senior reviewer may alter the previous decision made on the same claim in order to rectify these mistakes however only if the modifications are beneficial for the claimant.

A hearing at a personal level can be arranged for the claimant as a result of the review at a higher level. This gives the claimant to meet the person who is reviewing their case and explain the arguments. A veteran disability lawyer can help decide whether or not a personal hearing is needed and Veterans disability attorney also prepare and present evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you are able to file a written notice of disagreement within one year of the date on which the local office sends you the initial denial letter. The VA will examine your claim again and issue a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete this form correctly to appeal the decision. You don’t have to list every reason that you disagree with the decision. However it is recommended to be specific so that the VA understands what exactly you believe is incorrect. Your attorney can assist you in deciding what evidence to include with the NOD. These could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. This process could take as long as approximately 25 months. You should be in contact with your attorney at every step. If the VA is unable to resolve your claim, your lawyer may request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for their ailments, injuries and illnesses that they suffer during their service. The VA is a massive bureaucracy, and it’s easy to be lost. A veteran disability lawyer can assist applicants navigate the system and provide 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 to make the original decision. This includes looking over the veteran’s medical record and in the event of a need, lay statements. The VA must provide the claimant with a Statement of Case, that includes a list of evidence it has analyzed.

This statement should explain in plain language the reasoning behind the decision, and how it interprets the laws and regulations that affected the case. It should address the issues raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. However due to the VA backlog it could take longer to mail this document. If you are a veteran appealing an appeal of a rating decision or claim for Veterans Disability Attorney benefits, get in touch with a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.