Veterans Disability Compensation: The Good The Bad And The Ugly
How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can guide you through the process.
It's crucial to locate an attorney who is skilled in disability law and can handle these cases at all levels of appeal. This will ensure that you're getting the best representation.
Appeals
When the VA rejects or doesn't approve a claim, the veteran or the surviving spouse can appeal. It is a difficult and lengthy process that can be complicated even for the simplest disability claims. A veteran's disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.
A common reason why people declare a disability claim is that they are unhappy with their disability rating. In this situation an attorney can make sure that there is enough evidence to back the appropriate rating for a condition that is caused or made worse by military service.
Another reason for people to need a veterans disability legal disability lawyer is because they've waited too long to receive their benefits. The lawyer can assist in determining what documents are missing and then submit a request for these records to the VA.
The help of a veterans disability compensation disability attorney can also take the burden of dealing with the VA away from your shoulders. This will let you concentrate on your health and any other obligations you have. Some lawyers are veterans themselves which can give them a unique type of compassion for their clients. They also make them more invested in their cases. This can make a huge 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 to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence provided in the original claim and make a fresh determination. The senior reviewer can choose to either reverse or confirm the previous rating.
A veteran or their representative can request an informal meeting to discuss the matter with the senior reviewer. However, only one conference is permitted. In this meeting it is essential to prepare and present your case's information in a clear manner. An attorney for veterans can assist you in preparing and take part in the informal conference.
Higher-level reviews are often utilized to correct errors made by the earlier reviewer in the case of a disability claim that result in failing to interpret evidence or making mistakes in the law. The senior reviewer can change a prior decision on the same claim to correct these mistakes but only if the changes are advantageous to the person filing the claim.
The more extensive review can result in a hearing for the claimant which gives them the chance to meet with the person who is reviewing the claim and to explain the arguments. A veterans disability lawyer can help you determine whether it is necessary to request a personal hearing, and also with preparing and presenting the evidence at the hearing.
Notice of Disagreement
Once the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year from the date that the local office sends you the initial denial letter. The VA will review your case again and prepare a Statement of the Case.
If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability lawyer can help you fill out this form in a manner that is effective in appealing the decision. You don't need to list every reason why you disagree with the decision; however it is best to be specific in order that the VA can understand exactly what you believe is incorrect. Your attorney can guide you on the evidence you should submit to support the NOD, including statements from medical professionals or the results of diagnostic tests.
If your appeal is not granted at this point There is a second chance to get it reviewed by a senior reviewer in form of an Higher-Level Review. This could take up to 25 months, and you should have your attorney at all the procedure. If the VA refuses to accept your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for the check.
Statement of the Case
Congress has passed a number of laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their service. The VA is a large bureaucracy and it's easy for people to become lost. A veteran disability lawyer can help you navigate the process and provide much-needed assistance for applicants.
Once a veteran has filed a Notice of Disagreement with his or local VA office, the agency must conduct an investigation into the case. This involves examining the regulations, laws, and evidence used in the original decision. Also, it involves looking over the medical records of the veterans disability law and when necessary lay statements. The VA must provide the claimant with an official statement of case which includes a list with evidence it has analyzed.
The statement should state in clear language the reasoning behind its decision, including how it determined the law and regulations that impacted the case. It should address all the contentions the claimant raised in the NOD.
The Statement of the Case is typically mailed to the veteran within 120 days of the date the NOD was filed. However due to the VA backlog it could take longer to mail this document. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, get in touch with a veteran disability lawyer from Fusco, veterans disability lawyer Brandenstein & Rada, P.C.
