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

The process of getting veterans disability benefits can be overwhelming. The right veterans disability attorney can help you navigate it from start to finish.

It's essential to choose a lawyer who restricts their law practice to disability cases and exclusively handles those cases at each level of appeal. This will ensure that you get the best representation.

Appeals

If the VA rejects a claim or fails to approve benefits, it gives the veteran or or spouse who survives to appeal. This is a complicated and lengthy process that can be complicated even by the most straightforward disability claims. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

The most common reason people declare a disability claim is because they are dissatisfied with their disability status. In this case, a lawyer can make sure that the evidence is in place to support a valid rating based upon a disabling condition that was caused or worsened by military service.

A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can help determine what documents are missing and then submit the request for these documents to the VA.

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to focus on your health, and any other responsibilities you may have. Certain attorneys are ansonia veterans disability law firm themselves and this gives them a unique form of empathy for their clients and give them a greater stake in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to examine the same evidence presented in the original claim, and make a fresh determination. The senior reviewer may affirm or reverse the previous rating decision.

A veteran or their representative can request an informal meeting to discuss the case with the senior reviewer. However only one conference is allowed. For this meeting, it is important to prepare and present your case facts in a clear way. A veterans disability attorney can help you prepare for and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For instance in the event that the previous reviewer misinterpreted the evidence or made errors in the law. The senior reviewer can alter an earlier decision on the same claim to correct these kinds of errors however only if the modifications are beneficial to the person filing the claim.

A personal hearing can also be scheduled for the claimant as a result of the higher-level review. This gives those seeking to be heard by the person reviewing their claim and discuss their arguments. A veteran disability lawyer can assist in determining whether a personal hearing is required, as well as prepare and present evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year of the date the local office mailed you the original denial letter. The VA will examine your claim once more and draft an official statement of the case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist complete this form in a manner that is effective in contesting the decision. It is not necessary to list every reason you don't agree with the VA's decision but it is important to be specific to help the VA determine what you think is wrong. Your attorney can assist you in deciding the evidence you should include in the NOD. This could be statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this point If you are denied, you can try again to get it reviewed by a senior reviewer in form of A Higher-Level Review. The process can take between 25 and about 25 months and you must be with your attorney at every step. If the VA refuses to accept your claim, your attorney can request an appeal before an Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to make sure that veterans are compensated for ailments, injuries and illnesses incurred during service. However the VA is a huge bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can assist people navigate the system and offer the much-needed assistance.

The VA must examine the case after the veteran has filed the Notice of Dispute to the local VA office. This includes reviewing the laws, veterans Disability Attorney regulations, and the evidence used in the original decision. This includes looking over the medical record of the veteran as well as, if necessary lay statements. The VA must provide the claimant with the Statement of Case which includes a list with evidence it has analyzed.

This statement should describe in plain language the reasoning behind the decision, and how it decided to interpret the laws and regulations that impacted the case. It should address the claims that the claimant has made in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. Due to the VA backlog it may take longer for the agency to issue the statement. If you're a veteran who is appealing an appeal of a rating decision or claim for benefits, please contact a veterans disability lawyer from Fusco, veterans disability attorney Brandenstein & Rada, P.C.