The Most Pervasive Problems With Veterans Disability Compensation

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

The process of submitting an application for benefits for veterans disability can be overwhelming. The right veterans disability attorney can guide you from start to finish.

It's essential to choose an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure that you get the best legal representation.

Appeals

When the VA decides to deny or not accept a claim, the spouse of the deceased or veteran can appeal. This is a complex and lengthy process that could be complicated even by the simplest disability claims. A veterans disability attorney [linked resource site] can assist you in understanding your options and obtain the benefits you deserve.

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

A veterans disability lawyer could be needed by those who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents, and then make an inquiry for these records to the VA.

A veterans disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and other obligations you have. Some lawyers are veterans themselves, and this can give them a unique type of compassion for their clients. They also create a deeper investment in their cases. This could make a significant 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 disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence as in the original claim, and make a fresh determination. The senior reviewer can choose to either affirm or reverse the previous rating.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, however, only one conference is allowed. It is essential to be prepared and be able to present your case in a clear manner at this time. A veterans disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes made by the previous reviewer in the case of a disability claim that result in mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision however only when it is in the best interest of the claimant.

The higher-level review could result in a personal hearing for the applicant, which is an opportunity to connect with the person reviewing the claim, and explain their arguments. A lawyer who is a veteran can assist with determining whether or not it is required to request a personal hearing, and with creating and presenting evidence during the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you are able to file a notice of disagreement within one year of the date when the local office has sent you the original denial notice. The VA will then review your claim again and create an Statement of Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help complete this form correctly to ensure it is effective in appealing the decision. You don't have to list every reason you disagree with the VA's decision but it is best to be specific in order to help the VA know what you believe is wrong. Your attorney can assist you in deciding what evidence to include with the NOD. This could be statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this point, you can have it reviewed by a senior judge through an Higher Level Review. This could take anywhere from 25 months, and you should have your lawyer by with you every step of the procedure. If the VA still denies your claim, your lawyer could request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses and conditions they have suffered during their service. The VA is a large bureaucracy and it's not difficult to get lost. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the much-needed assistance.

Once a veteran has filed a Notice of Disagreement to his or her local VA office, the agency must conduct an investigation of the case. This involves examining the laws, regulations and evidence used in making the original decision. This includes looking over the medical records of the veteran and, if necessary lay statements. The VA must provide the claimant with an official statement of the case which includes a listing of all evidence that it has reviewed.

This statement should be simple and clear, and also explain the reasoning of the decision, which should include the interpretation of the laws and regulations that affect the case. It should address the claims made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was submitted. Due to the VA backlog, it might take the agency longer to issue the statement. If you are a veteran appealing an appeal of a rating decision or claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.