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

The process of submitting an application for benefits for veterans disability can seem overwhelming. A qualified veterans disability lawyer can assist you from start to finish.

It is essential to find a lawyer who limits their practice to disabilities and only handles those cases at every stage of appeal. This helps ensure you'll be receiving the best representation.

Appeals

When the VA rejects a claim or fails to approve benefits, it gives the veteran or or the spouse who died to file an appeal. This is a complex and lengthy process that could be complicated even with the most straightforward disability claims. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

One common reason that people have to make a disability claim is that they are not satisfied with their disability ratings. In this case, a lawyer can ensure that the evidence is sufficient to support an appropriate rating based on a disability condition caused or exacerbated by military service.

A veterans disability law firm disability lawyer may be needed by those who have waited too long to get their benefits. The lawyer can help determine what documents are not available, and then make the request for these documents to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will let you concentrate on your health and any other obligations you might have. Some lawyers are veterans themselves which can give them a unique level of compassion for their clients and create a deeper investment in their cases. This can make a huge 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 if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence presented in the original claim, and make a new determination. The senior reviewer has the choice to either affirm or reverse the previous rating.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, however, only one such conference is allowed. It is essential to be prepared and veterans disability lawyer be able to present your case in a clear manner during this meeting. A veteran disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews are often used to correct mistakes by the reviewer who was earlier in an appeal for disability which could include mistakenly interpreting evidence or committing errors in the law. The senior reviewer may alter an earlier decision on the same claim to correct these kinds of errors but only if the changes are beneficial to the person filing the claim.

A personal hearing may be arranged for the claimant in the wake of the higher-level review. This gives the claimant to meet with the person who is reviewing their claim and present their arguments. A veterans disability lawyer can help determine whether or not it's required to request a personal hearing, as well as with preparing and presenting the evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to an assessment, you may submit a notice of disagreement within one year of the date that the local office sends you the original denial letter. The VA will then review your case again and issue a 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. You don't need to list every reason why you disagree with the decision. However it is recommended to be specific in order that the VA is aware of what you believe is incorrect. Your attorney can help you decide what evidence to include in the NOD. This could include statements from medical professionals, veterans Disability Lawyer or results of diagnostic tests.

If your appeal is not granted at this stage, you have another chance to have it reviewed by a senior reviewer in the form of A Higher-Level Review. The process can take between 25 and approximately 25 months. You should be with your attorney throughout the process. If the VA denies your claim, your lawyer may request an appointment with a Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for injuries, illnesses and conditions that they suffer during their service. The VA is a huge bureaucracy and it's easy to get lost. A veteran disability lawyer can help applicants navigate the system and offer the needed assistance.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the VA must conduct an investigation of the case. This includes looking into the regulations, laws and the evidence used to make the initial decision. This also includes looking at the veteran's medical records and when necessary lay statements. The VA must send the claimant an official statement of the case which includes a listing of all the evidence it has examined.

The statement should state clearly the reasoning behind the decision, as well as how it interpreted the laws and regulations that affected the case. It should address all the contentions the claimant raised in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date that the NOD was filed. However due to the VA backlog, the agency may take longer to mail this document. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.