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

The process of getting veterans disability benefits can be overwhelming. A good veterans disability attorney can assist you from beginning to end.

It's important to locate a lawyer that limits their practice to disability cases, and only handles these cases at every stage of appeal. This will ensure you receive the most effective representation.

Appeals

When the VA rejects a claim or does not allow benefits to be approved, it allows the veteran or or spouse who survives to appeal. This is a complex and lengthy procedure that can be complicated even with the most simple disability claims. A veteran disability lawyer can assist you in understanding your options and obtain the benefits you deserve.

One common reason that people need to make a disability claim is because they are not content with their disability ratings. In this case, the lawyer can ensure that the evidence is there to support an appropriate rating based on a disabling condition caused by or aggravated by military service.

A veterans disability lawyer may be needed by those who have had to wait too long for their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA for the relevant records.

Having a veterans disability attorney can also help you deal with the VA away from your shoulders. This will give you time to concentrate on your health, and any other obligations you have. Some lawyers are veterans themselves and this can provide them a unique level of compassion for their clients. They also create a deeper investment in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

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

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, but only one such conference is permitted. At this meeting it is essential to prepare and present your case's information in a clear manner. An attorney with expertise in veterans ' disability can help you prepare and participate in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the earlier reviewer in a disability case that result in misinterpreting evidence or making errors in the law. The senior reviewer can change a prior decision on the same claim to rectify these errors however only if the changes are advantageous to the claimant.

The higher-level review could result in a private hearing for the claimant, which provides an opportunity to connect with the person reviewing the claim and to explain the arguments. A lawyer for veterans disability can help you determine whether it's required to request a personal hearing, and also with creating and presenting evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year from the date the local office issued the original denial letter. The VA will review your claim again and create an official statement of the case.

If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can assist you complete this form correctly to appeal the decision. It is not necessary to list all the reasons you do not agree with the VA's decision but it is best to be specific to help the VA understand what you think is wrong. Your attorney can help you determine which evidence to include in the NOD. These could be statements from medical professionals, or results of diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed by a senior judge through a Higher Level Review. The process can take between 25 and about 25 months and you must be in contact with your lawyer throughout the process. If the VA continues to deny your claim, your lawyer may request a hearing to be held before an Veterans Law Judge to present testimony and tinley park veterans disability attorney additional evidence in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure veterans receive compensation for injuries, illnesses and ailments they've experienced during their service. The VA is a large bureaucracy and it's easy for people to become lost. A veteran disability lawyer can help people navigate the system and offer the much-needed assistance.

The VA must examine the case once the veteran has filed the Notice of Dispute to the local VA office. This includes looking at the laws, regulations and evidence used to make the initial decision. It also includes examining the medical records of the veteran and in the event of a need lay statements. The VA must provide the applicant with an official statement of case that includes a list of evidence that it has examined.

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

The Statement of the Case is usually 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 issue the document. Contact a hibbing veterans disability lawsuit disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is appealing a decision on a rating or a claim for benefit.