New And Innovative Concepts That Are Happening With Veterans Disability Compensation

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

The process of submitting an application for veterans disability benefits can be overwhelming. A veterans disability lawyer can help you navigate the procedure.

It’s essential to find a lawyer who has a limit on their law practice to disability cases and exclusively handles those cases at every stage of appeal. This will ensure that you’re receiving the best legal representation.

Appeal

When the VA denies a claim or does not approve benefits, it gives the veteran, or his or spouse who is surviving to appeal. This is a complex and time-consuming process that can be complicated even by the simplest disability claims. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

A common reason why people have to submit an application for disability benefits is that they are not satisfied with their disability status. In this situation, the lawyer can make sure that the evidence is there to support a Fair Lawn Veterans Disability Attorney rating based on a debilitating condition that is caused or exacerbated by military service.

A bonner springs veterans disability attorney disability lawyer may be needed by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and then make an application for these records to the VA.

A veteran disability lawyer can alleviate the burden of dealing with the VA away from you. This allows you to concentrate on your health and other responsibilities that you may have. Some lawyers are veterans and this can result in an innate compassion for their clients. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer has the choice to either affirm or reverse 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 permitted. It is important to be prepared and be able to present the facts of your case in a concise manner at this meeting. A veteran disability attorney can assist you in preparing and take part in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of a disability claim. 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 in order to correct these kinds of mistakes however only if those modifications are beneficial for the claimant.

A hearing at a personal level can be scheduled for the claimant in the wake of the review at a higher-level. This provides the claimant to meet the person who will be reviewing their claim and to present their case. A veteran disability lawyer can help determine whether a personal hearing is required and prepare and present the evidence for the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may file a written notice of disagreement within one year of the date the local office sends you the initial denial letter. The VA will examine your claim once more and prepare an official statement of the case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability attorney can help complete this form correctly to ensure it is effective in contesting the decision. It is not necessary to list every reason you do not agree with the VA’s decision, but it is best to be specific in order to assist the VA understand what you think is wrong. Your attorney can provide guidance on the evidence you should submit to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed again by a senior reviewer through an Higher Level Review. This could take anywhere from 25 months, and you must have your attorney at your side throughout the procedure. If the VA still denies your claim, your lawyer can request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. Your attorney will draft your check in the event that your claim is approved.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries and conditions they have suffered during their service. The VA is a huge bureaucracy and it’s easy for people to get lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide the assistance they need.

The VA must review the case following the time a veteran has filed the Notice of Dispute to the local VA office. This involves examining the regulations, laws and evidence used to make the initial decision. It also includes examining the medical records of the veteran and when necessary, lay statements. The VA must provide the applicant with a Statement of Case, which includes a list of evidence that it has reviewed.

This statement should describe in a clear manner the reasoning behind the decision, including how it interprets the laws and regulations that impacted the case. It should address the issues made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was filed. However due to the VA backlog the agency might take longer to mail the document. If you are a veteran appealing an appeal of a rating decision or claim for benefits, you should contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.