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

The process of getting veterans disability benefits can be a challenge. A lawyer for veterans can help you navigate the procedure.

It's crucial to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure that you get the best representation.

Appeals

If the VA denies or does not consider a claim, the spouse or the veteran who is surviving can appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding all of your options and help you get the benefits you deserve.

One of the main reasons people are required to make a disability claim is that they are unhappy with their disability status. In this case, a lawyer can make sure that there is enough evidence to justify a rating that is appropriate due to a condition that is caused or worsened by military service.

Another reason that people tend to require a veterans disability lawyer is that they've been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing, and then submit a request for these records to the VA.

Having a veterans disability attorney can also help you deal with the VA away from you. This will give you time to focus on your health and any other obligations you might have. Certain attorneys are veterans disability lawsuit themselves and this can provide them a unique type of compassion for their clients. They also increase the stakes in their cases. This can make a massive 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 if they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence that was presented in the original claim and make an additional decision on the case. The senior reviewer is able to confirm or reverse the previous decision to rate.

A veteran or their representative may request an informal meeting to discuss the matter with the senior reviewer. However, only one conference is permitted. At this conference it is important to prepare and present your case's details in a concise manner. An attorney who specializes in the field of disability for veterans can help you prepare and participate at the informal conference.

Higher-level reviews are usually used to correct mistakes by the previous reviewer on a disability case for example, failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision but only if it is in the claimant's best interest.

The more thorough review may result in a hearing for the claimant which provides an opportunity to meet with the person who is reviewing the claim, and explain the arguments. A veteran disability lawyer can help determine whether or not an individual hearing is necessary and can also prepare and present the evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office received the original denial letter. The VA will then review your claim once more and draft a Statement of Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You do not have to list all the reasons you disagree with the VA's decision but it is best to be specific to help the VA determine what you think is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this stage, then you can have it reviewed by a senior reviewer through a Higher Level Review. This could take anywhere from 25 months, and you must have your lawyer by your side every step of the process. If the VA refuses to accept your claim, your lawyer can request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans receive compensation for injuries, illnesses, Vimeo.Com and other conditions that they suffer during their service. The VA is a big bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the assistance they need.

The VA must examine the case once the veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the regulations, laws, leewhan.com and the evidence used in 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 send the claimant an official statement of the case which includes a listing of all evidence that it has reviewed.

The statement should state in plain language the reasoning behind the decision, and how it interprets the laws and regulations that impacted the case. It should address any claims 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 might take longer for the agency 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 over the amount of your rating or a claim for benefits.