What NOT To Do During The Veterans Disability Compensation Industry

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

The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.

It is essential to find an attorney that only practices disability law and handles these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA refuses to approve a claim or fails to approve benefits, it allows the veteran, or his or spouse who is surviving to appeal. This is a lengthy and time-consuming process that can be complicated, even for the most simple disability claims. A veteran's disability attorney can help you understand your options and obtain the benefits you deserve.

A common reason why people are required to submit an application for disability benefits is that they are unhappy with the disability rating they have received. In this instance, the lawyer can ensure that all the evidence is in place to support an appropriate rating based upon a disabling condition that is caused or exacerbated by military service.

A veterans disability lawyer may be needed by those who have waited too long to get their benefits. The lawyer can help determine what documents are missing, and then submit the request for these documents to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you to concentrate on your health and other obligations that you may have. Some attorneys are veterans, which can give them an innate empathy for their clients. 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) provides veterans with more options when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence provided in the original claim and make a new determination. The senior reviewer is able to either reverse or confirm the previous rating.

A veteran or their representative can arrange for an informal conference to discuss the matter with the senior reviewer. However only one conference is allowed. For this meeting it is essential to prepare and present your case facts in a clear way. A lawyer for veterans disability lawyers may assist you in preparing for and take part in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted evidence, or made errors in the law. The senior reviewer can alter a prior decision on the same claim in order to correct these errors however only if those changes are beneficial to the applicant.

A personal hearing may be arranged for the claimant in the wake of the higher-level review. This gives those seeking to be heard by the person who will be reviewing their claim and present their arguments. A veterans disability lawyer can assist in determining whether it is necessary to request a private hearing, as well as preparation and presenting evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you can make a formal notice of disagreement within one year of the date the local office mails you the original denial notice. The VA will review the case again and create an 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 do not have to list all the reasons you disagree with the VA's decision however, it is recommended to be specific in order to assist the VA understand what you think is wrong. Your attorney can guide you about the type of evidence you can submit to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this stage, then you can ask to have it reviewed by a senior judge through a Higher Level Review. This process can take about 25 months and you must be with your lawyer throughout the process. If the VA rejects your claim, your lawyer may request an appeal before a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for their injuries, illnesses and conditions suffered during service. But, the VA is a huge bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can help applicants navigate the system and provide much needed assistance.

If a veteran files a Notice of Disagreement to his or her local VA office, the agency must conduct an investigation into the case. This includes looking at the regulations, laws and evidence used in making the initial decision. This includes looking over the medical records of the veteran as well as at times, lay statements. The VA must provide the claimant with a Statement of Case which is a list of all evidence it looked over.

The statement should be in plain English and should explain the reasoning of the decision, which should include the interpretation of the regulations and laws relevant to the case. It should address any claims made by the claimant in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of when the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the statement. If you are a veteran who is appealing a decision on your rating or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.