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

The process of applying for veterans disability benefits can appear overwhelming. A lawyer who is a veterans disability attorney can guide you through the procedure.

It's crucial to find a lawyer who has a limit on their practice to disability cases, and only handles those cases at every level of appeal. This will ensure that you get the most effective representation.

Appeal

If the VA denies a claim or fails to approve benefits, it gives the veteran, or his or her surviving spouse to file an appeal. This is a lengthy and lengthy procedure that can be complicated, even for the most basic disability claims. A veteran disability lawyer can assist you in understanding the various options available and secure the benefits you deserve.

One common reason that people are required to make a disability claim is that they are not satisfied with their disability ratings. In this instance, the lawyer can ensure that the evidence is there to justify a proper rating based upon a disabling condition caused or exacerbated by military service.

A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA to obtain those documents.

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 attorneys are veterans themselves which can give them a unique empathy with their clients and make them more invested 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) provides veterans with more options when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence provided in the original claim, and make a fresh decision. The senior reviewer can either confirm 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 allowed. It is essential to be prepared and be able to present the facts of your case in a concise manner at this time. An attorney for hope mills veterans disability lawyer can assist you in preparing for and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes by the previous reviewer in a disability case which could include misinterpreting evidence or making errors in the law. Senior reviewers can correct these errors by altering the decision made previously but only if it is in the best interest of the claimant.

A personal hearing could be arranged for the claimant in the wake of the review at a higher-level. This is a chance for those seeking to be heard by the person who will be reviewing their claim and discuss their arguments. A veterans disability lawyer can help decide whether the need for a personal hearing is justified, as well as prepare and present the evidence at the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you can make a formal notice of disagreement within one year of the date that the local office mails you the original denial letter. The VA will review your case again and create an official statement of the case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help 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 however, it is recommended to be specific to help the VA understand what you think is wrong. Your attorney can help you decide the evidence you should include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is not granted at this point There is a second chance to be reviewed by an experienced reviewer in the form of A Higher-Level Review. This process can take about 25 months and you must be with your lawyer at all times. If the VA rejects your claim, your lawyer can request an appointment with a Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check should your claim be approved.

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. But the VA is a massive bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can help you navigate the process and provide much-needed assistance for claimants.

The VA must review the case following the time a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the laws, regulations, attorneys and the evidence used in the initial decision. This includes looking over the medical records of the veteran and at times, lay statements. The VA must provide the claimant with an Statement of Case that includes a list of evidence that it has examined.

This statement should describe in a clear manner the reasoning behind its decision, and how it interpreted the laws and regulations that impacted the case. It should address any claims that the claimant has made in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was sent. However, due to the VA backlog, the agency may take longer to mail this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over an assessment or claim for benefits.