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

The process of getting veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It is essential to find a lawyer who has a limit on their law practice to disability cases and only handles these cases at each level of appeal. This helps ensure you'll be receiving the best representation.

Appeals

When the VA rejects a claim or does not allow benefits to be approved, it allows the veteran or or the spouse who died to file an appeal. This is a complex and time-consuming process that can be complicated even for the simplest disability claims. A veterans disability lawyer can assist you in understanding the various options available and obtain the benefits you deserve.

A common reason why people file a claim for disability is that they are not satisfied with their disability rating. In this situation lawyers can make sure that there is enough evidence to back the appropriate rating due to a condition that is caused or worsened by military service.

Another reason for people to require a veterans disability lawyer is because they've waited too long to get their benefits. The lawyer can help determine what documents are not available, and then submit an inquiry for these records to the VA.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This allows you to focus on your health and other obligations that you may have. Certain attorneys are veterans and this can result in an innate empathy for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Since the worcester veterans disability Lawsuit Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence as in the original claim, and then make a new decision. The senior reviewer can affirm or reverse the previous rating decision.

The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, however, only one such conference is permitted. It is crucial to be prepared and provide your case in a concise manner during this meeting. A veteran disability attorney can help you prepare for and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes made by the reviewer who was earlier in a disability case which could include not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only when it is in the best interests of the claimant.

A personal hearing can also be scheduled for veterans Disability lawsuit the claimant in the wake of the higher-level review. This provides the claimant to meet the person reviewing their claim and present their arguments. A veterans disability lawyer can help determine whether or not an individual hearing is necessary and prepare and present evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to file a written notice of disagreement within one year from the date the local office gives you its original denial letter. The VA will review the case again and prepare a Statement of the Case.

You must utilize 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 appealing the decision. It is not necessary to list every reason you don't agree with the VA's decision however, it is recommended to be specific in order to help the VA to understand what you believe is wrong. Your attorney can help you decide what evidence to include with the NOD. These could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed again by a senior reviewer through a Higher Level Review. It could take as long as 25 months, and you should have your attorney at all the procedure. If the VA refuses to accept your claim, your lawyer can request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your attorney will prepare you for disability your check.

Statement of the Case

Congress has passed numerous laws to ensure veterans receive compensation for illnesses, injuries, and ailments they've experienced during their time of service. However the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the assistance they need.

Once 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 evidence used in making the initial decision. This also includes looking at the medical records of the veteran as well as when necessary, lay statements. The VA must send the claimant a Statement of Case which is a list of all the evidence it has looked over.

The statement should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the laws and regulations which affect the case. It should address the allegations made by the claimant in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of when the NOD was filed. However due to the VA backlog the agency might take longer to mail this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding a rating or a claim for benefit.