"Ask Me Anything": Ten Answers To Your Questions About Veterans Disability Compensation

How a la feria veterans disability attorney Disability Attorney Can Help You Get the Benefits You Deserve

The process of applying for veterans disability benefits can be overwhelming. The right attorney for veterans can assist you from beginning to end.

It's important to choose a lawyer who restricts their practice to disability cases and only handles these cases at all levels of appeal. This will ensure that you're receiving the best representation.

Appeals

When the VA rejects a claim or does not accept benefits, it permits the veteran, or his or spouse who survives to appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding the various options available and help you get the benefits you deserve.

One common reason that people are required to declare a disability claim is because they are not happy with the disability rating they have received. In this case, the lawyer can make sure that the evidence is in place to support an appropriate rating based on a disability condition caused by or aggravated by military service.

A veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can assist in determining what documents are not available, and then make an inquiry for these records to the VA.

A veteran disability lawyer can take the burden of dealing with the VA away from you. This will give you time to focus on your health, and any other obligations you have. Some attorneys are veterans themselves and this can provide them a unique level of empathy for their clients and increase the stakes in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Garwood Veterans disability lawyer are able to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence that was presented in the original claim, and make a fresh determination. The senior reviewer may confirm or reverse the previous decision to rate.

A veteran or their agent may ask for an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is permitted. At this meeting, it is important to prepare and present your case's facts clearly. An attorney who is specialized in veterans ' disability can help you prepare for and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For instance, if the earlier reviewer misinterpreted evidence, or made errors in the law. The senior reviewer may alter an earlier decision on the same claim to rectify these errors but only if the modifications are beneficial to the claimant.

The more thorough review may result in a private hearing for the claimant, which provides an opportunity to meet with the person who is reviewing the claim and present their arguments. A veteran disability lawyer can assist in determining whether a personal hearing is needed, as well as prepare and present evidence for the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made an assessment, you may make a formal notice of disagreement within one year of the date on which the local office gives you the initial denial letter. The VA will examine your claim once more and prepare a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist to fill out the form correctly to appeal the decision. It is not necessary to list every reason you disagree with the VA's decision however, it is recommended to be specific to help the VA determine what you think is wrong. Your attorney can guide you about the type of evidence you can submit with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this stage, you have another chance to be reviewed by a senior reviewer in form of a Higher-Level Review. This can take up to 25 months, and you must have your attorney by with you every step of the way. If the VA denies your claim, your lawyer can request an appearance before an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for injuries, illnesses and ailments they've experienced during their time of service. The VA is a big bureaucracy and it's not difficult to get lost. A veteran disability lawyer can assist in navigating the process and provide much-needed assistance to applicants.

When a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct a review of the case. This involves examining the regulations, laws, and the evidence used to make the original decision. It also includes examining the medical records of the veteran and in the event of a need, lay statements. The VA must provide the claimant with a Statement of Case which is a list of all evidence it has studied.

This statement should explain in clear language the reasoning behind its decision, and how it interpreted the laws and regulations that affected the case. It should address the issues 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 sent. Due to the VA backlog, it could take the agency longer to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding the amount of your rating or a claim for benefit.