5 Laws Anybody Working In Veterans Disability Compensation Should Be Aware Of

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 qualified veterans disability lawyer can guide you from beginning to end.

It is essential to find a lawyer who limits their law practice to disability cases and only handles these cases at each level of appeal. This will ensure that you get the most effective representation.

Appeal

If the VA denies a claim, or fails to approve benefits, it gives the veteran or his spouse who is surviving to appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veteran's disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason why people file a claim for disability is because they are unhappy with their disability rating. In this situation, the lawyer can ensure that all the evidence is in place to justify a proper rating based upon a disabling condition that is caused or exacerbated by military service.

Another reason for people to need a veterans disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA to obtain those documents.

A veterans disability attorney can also help you deal with the VA away from your shoulders. This gives you the time to focus on your health, and any other obligations you have. Certain attorneys are veterans and this can create an exceptional empathy for their clients. 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 to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence as in the original claim, and then make a new decision. The senior reviewer can either affirm or reverse the previous rating decision.

The veteran or their representative may request a meeting with the senior reviewer to discuss the case, however, only one of these conferences is permitted. At this conference it is essential to prepare and present your case's information clearly. A veteran disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews can be used to correct mistakes by the previous reviewer on a disability case, such as misinterpreting evidence or making errors in the law. Senior reviewers can correct the errors by altering the decision made previously however only when it is in the best interest of the claimant.

A personal hearing may be arranged for the claimant in the wake of the review at a higher-level. This gives those seeking to be heard by the person who is reviewing their case and present their arguments. A veterans disability lawyer can help decide whether or not an individual hearing is necessary and can also prepare and present the evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you can make a formal notice of disagreement within one year from the date on which the local office mails you its original denial letter. The VA will review the case again and issue a Statement of the Case.

To file a complaint to file a dispute, you must use VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. It is not necessary to list every reason why you disagree with the decision. However, it is better to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can provide guidance on what evidence to submit in the NOD like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage There is a second chance to get it reviewed by an experienced reviewer in the form of a Higher-Level review. The process can take between 25 and about 25 months and you must be with your lawyer throughout the process. If the VA continues to deny your claim, your lawyer can request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for injuries, illnesses and other ailments they've suffered during their service. The VA is a large bureaucracy and it's not difficult to become lost. A veteran disability lawyer can assist applicants navigate the system and offer much needed assistance.

The VA must review the case after a veteran has filed a Notice of Dispute with the local VA office. This involves examining the regulations, laws and evidence used to make the original decision. Also, it involves looking over the veteran's medical records and in the event of a need, lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence that it has examined.

This statement should describe clearly the reasoning behind the decision, and how it decided to interpret the laws and regulations that affected the case. It should address all contentions the claimant raised in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date that the NOD was filed. However, due to the VA backlog it could delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is appealing a decision on an assessment or claim for benefit.