Ask Me Anything: 10 Answers To Your Questions About Veterans Disability Compensation

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

The process of submitting an application for benefits from veterans disability may be overwhelming. The right veterans disability attorney will guide you from beginning to end.

It's essential to locate an attorney who has experience in disability law and who handles these cases at all levels of appeal. This ensures you're getting the best representation.

Appeals

When the VA denies a claim or does not approve benefits, it allows the veteran, or his or spouse who is surviving to appeal. This is a complex and lengthy procedure that can be complicated even for the most simple disability claims. A veterans disability lawyer can assist you in understanding the various options available and get the benefits you deserve.

A common reason why people submit a claim for disability is because they are unhappy with their disability rating. In this situation, the lawyer can make sure that the evidence is there to support an appropriate rating based upon a disabling condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can assist in determining what documents are not available, and then make a request for these records to the VA.

A veterans disability claim disability lawyer will also help you get rid of the burden of dealing directly with the VA. This allows you to concentrate on your health and any other obligations that you may have. Some lawyers are veterans disability case 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 big 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 is a decision review option that allows a senior reviewer to look at the same evidence as was presented in the original claim and then make a new decision on the case. The senior reviewer may affirm or reverse the previous rating decision.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one conference is allowed. It is important to be prepared and present the facts of your case in a concise manner during this meeting. A lawyer for veterans may help you prepare for and take part in the informal conference.

Higher-level reviews are often used to correct errors made by the previous reviewer in the case of a disability claim which could include mistakenly interpreting evidence or committing errors in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to fix these types of errors, but only if those modifications are beneficial to the person filing the claim.

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

Notice of Disagreement

You can file a disagreement within one year of the date the local office issued the original denial letter. The VA will review your case again and create an Statement of the Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist complete this form correctly to ensure it is effective in contesting the decision. You do not have to list every reason you don't agree with the VA's decision, but it is important to be specific in order to assist the VA understand what you think is wrong. Your attorney can provide guidance about the type of evidence you can submit in the NOD for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage If you are denied, Veterans disability litigation you can try again to get it reviewed by an experienced reviewer in the form of A Higher-Level Review. This process could take as long as up to 25 months, and you should be in contact with your attorney at every step. If the VA refuses to accept your claim, your lawyer may request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries and other ailments they've suffered during their time of service. However the VA is a massive bureaucracy that is easy to become lost in the system. A veteran disability attorney can guide you through the process and offer much-needed assistance for those who are seeking benefits.

The VA must examine the case after a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the laws, regulations, and evidence used in the original decision. This includes looking over the medical records of the veteran and, if necessary lay statements. The VA must send the claimant an official statement of the case that includes a list of all evidence that it has examined.

The statement should state clearly the reasoning behind the decision, including how it decided to interpret the laws and regulations that affected the case. It should address all the claims made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. However due to the VA backlog and backlog, the agency could delay the release of this document. If you're a veteran seeking to appeal an appeal of a rating decision or claim for benefits, you should contact an attorney for veterans disability law disability litigation (linked internet site) disability from Fusco, Brandenstein & Rada, P.C.