7 Simple Changes That Will Make The Difference With Your Veterans Disability Compensation

How a veterans disability lawsuit Disability Attorney Can Help You Get the Benefits You Deserve

The process of applying for veterans disability benefits can seem overwhelming. A qualified veterans disability lawyer will guide you from beginning to end.

It's important that you find an attorney that only has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures you're receiving the best representation.

Appeals

If the VA denies a claim, or does not allow benefits to be approved, it allows the veteran or his or spouse who survives to file an appeal. It is a difficult and time-consuming process that can be complicated, even for the most simple disability claims. A veterans disability lawyer can assist you in understanding the options available to you and get the benefits you deserve.

A common reason for people to make a claim for disability is that they are not satisfied with their disability status. In this instance a lawyer can be sure that there's enough evidence to justify a rating that is appropriate due to a condition caused or aggravated by military service.

A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can help determine the missing documents, and then submit an application for these records to the VA.

A veterans disability attorney 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 responsibilities you may have. Some lawyers are veterans and this can create an unmatched compassion for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence presented in the original claim, and make a new determination. The senior reviewer has the choice to either confirm or reverse the previous rating.

A veteran or their representative can arrange for an informal conference to discuss the case with the senior reviewer. However, only one conference is allowed. It is important to be prepared and be able to present the facts of your case in a concise manner at this meeting. An attorney with expertise in veterans ' disability can help you prepare and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of a disability claim. For instance an earlier reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers can correct the errors by changing the previous decision, but only when it is in the claimant's best interest.

A personal hearing may be scheduled for the claimant as a consequence of the review at a higher-level. This is an opportunity for the claimant to meet with the person who is reviewing their case and to present their case. A veterans disability lawyer can help you determine whether it is necessary to request a personal hearing, as well as with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year of the date the local office mailed you the initial denial letter. The VA will review the claim once more and draft a Statement of Case.

To file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't have to list every reason you do not agree with the VA's decision, but it is advisable to be specific in order to help the VA understand what you think is wrong. Your attorney can help you on what evidence to submit to support the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage You have a second chance to be reviewed by an experienced reviewer in the form of an Higher-Level Review. This can take up to 25 months, and it is important to have an attorney on your side throughout the way. If the VA denies your claim your lawyer can request an appointment with an Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check when your claim is accepted.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions suffered during service. But, the VA is a massive bureaucracy that is 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 with his her local VA office, the VA must conduct an investigation of the case. This includes examining the laws, regulations and the evidence used to make the initial decision. This includes reviewing the medical record of the veteran as well as, if necessary lay statements. The VA must provide the claimant with an official statement of the case which includes a listing of all evidence it has looked over.

The statement should be written in plain English and should explain the reasoning behind the decision, including the interpretation of the law and regulations that affect the case. It should address any claims raised by the claimant in the NOD.

The Statement of the Case is typically 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 statement. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.