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

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

The process of applying for veterans disability benefits may appear overwhelming. The right veterans disability attorney will guide you from start to finish.

It is essential to locate an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA denies or does not consider a claim, the spouse of the deceased can file an appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

A common reason people make a claim for disability is because they are dissatisfied with their disability rating. In this instance, a lawyer can make sure that there's enough evidence to back the proper rating based on a condition caused or aggravated by military service.

Another reason that people tend to seek out a veterans disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are not available, and then submit an inquiry for these records to the VA.

Having a veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This will let you focus on your health and other obligations that you may have. Some attorneys are veterans themselves which can give them a unique compassion for their clients and make them more invested 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 option that allows an experienced reviewer to analyze the same evidence provided in the original claim, and make a fresh determination. The senior reviewer has the choice to either reverse or confirm the previous rating.

A veteran or their representative may ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is permitted. It is crucial to be prepared and present the facts of your case in a clear way at this conference. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews are typically used to correct mistakes by the previous reviewer on a disability case for example, failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter an earlier decision on the same claim in order to correct these kinds of errors however only if the changes are beneficial to the applicant.

A hearing at a personal level can be scheduled for the applicant as a result of the higher-level review. This is a chance for the claimant to meet the person reviewing their claim and explain the arguments. A veterans disability lawyer can assist in determining whether an individual hearing is necessary and prepare and present the evidence at the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you can 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 review your case again and create a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help to fill out the form correctly to ensure it is effective in appealing the decision. You do not have to list all the reasons you do not agree with the VA's decision, but it is best to be specific to help the VA to understand what you believe is wrong. Your attorney can help you determine the evidence you should include in the NOD. These could be statements from medical professionals, or results of diagnostic tests.

If your appeal is not accepted at this stage, then you can request that it be reviewed by a senior reviewer through a Higher Level Review. This process can take approximately 25 months. You should be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer can request an appeal before an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed numerous laws to ensure veterans receive compensation for illnesses, injuries and conditions they have suffered during their service. The VA is a large bureaucracy and it's not difficult to become lost. A veteran disability lawyer can assist in navigating the process and provide crucial assistance to claimants.

Once a veteran files a Notice of Disagreement with his local VA office, the agency must conduct an investigation into the case. This includes examining the regulations, laws, and the evidence used in the initial decision. This also includes looking at the medical records of the veterans and when necessary, lay statements. The VA must send the claimant a Statement of Case which includes a listing of all evidence it has looked over.

The declaration should be written in plain language and explain the reasoning behind the decision, as well as the interpretation of the laws and regulations that affect the case. It should address all arguments made by the claimant in his or her NOD.

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