This Week s Top Stories Concerning 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 lawsuits disability may seem overwhelming. The right veterans disability attorney can assist you from start to finish.

It's important to locate a lawyer that limits their law practice to disability cases, and only handles those cases at all levels of appeal. This will ensure you receive the best representation.

Appeals

When the VA refuses or fails to consider a claim, the spouse of the deceased or veteran can appeal. This is a complex and lengthy process that can be complicated even with the most basic disability claims. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

The most common reason people are required to file a disability claim is that they are unhappy with the disability rating they have received. In this case a lawyer can be sure that there is enough evidence to support the proper rating due to a condition caused or made worse by military service.

A veteran disability lawyer might be needed by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are not available, and then make 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 give you the time to focus on your health, and any other obligations you might have. Some lawyers are veterans disability lawsuit, and this may result in an exceptional empathy for their clients. This could make a significant 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 when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence presented in the original claim, and then make an additional decision on the case. The senior reviewer has the choice to either affirm or reverse the previous rating.

A veteran or their agent may arrange for an informal conference to discuss the case with the senior reviewer. However only one of these conferences is allowed. It is crucial to be prepared and present the facts of your case in a concise way at this conference. A veterans 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 in a disability claim which could include failing to interpret evidence or making mistakes in the law. The senior reviewer can alter an earlier decision on the same claim to fix these types of errors, but only if those changes are beneficial to the person filing the claim.

The more thorough review may result in a hearing for the applicant, which is an opportunity to speak with the person reviewing the claim, and explain their arguments. A lawyer for veterans disability can assist with determining whether or not it's necessary to request a private hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office received the original denial letter. The VA will then review your case again and create an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. It is not necessary to list all the reasons you do not agree with the VA's decision, but it is important to be specific in order to assist the VA know what you believe is wrong. Your attorney can advise you about the type of evidence you can submit with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed again by a senior reviewer through an Higher Level Review. This process can take 25 months and you should be in contact with your lawyer at all times. If the VA is unable to resolve your claim, your lawyer could request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for ailments, injuries and illnesses caused by their service. However, the VA is a huge bureaucracy and it is easy to become lost in the system. A veteran disability attorney can assist in navigating the process and provide much-needed assistance to those who are seeking benefits.

The VA must review the case following the time the veteran has filed an Notice of Dispute at the local VA office. This includes examining the laws, regulations and evidence used in the initial decision. Also, it involves looking over the medical records of the veteran as well as, if needed, lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of evidence that it has examined.

This statement should be in plain English and should explain the reasoning for the decision, including the interpretation of the laws and regulations affecting the case. It should address the claims made by the claimant in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the document. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.