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

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

It's important to find a lawyer who limits their practice to disability cases and exclusively handles those cases at all levels of appeal. This ensures you're getting the best representation.

Appeals

When the VA rejects or doesn't approve a claim, either the spouse of the deceased or veteran can file an appeal. Even the most basic disability claim can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can help you understand links.musicnotch.com your options and help you get the benefits you deserve.

The most common reason people declare a disability claim is because they are dissatisfied with their disability rating. In this case a lawyer can be sure there is enough evidence to back the proper rating based on a condition that is caused or worsened by military service.

A lawyer for veterans may be required by those who have had to wait too long for their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for those records.

A lawyer for veterans can also ease the burden of dealing directly with the VA. This will allow you to focus on your health and any other obligations you have. Certain attorneys are veterans and this may result in a unique empathy for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options if they do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence provided in the original claim, and then make a new decision. The senior reviewer can choose to either reverse or confirm the previous rating.

A veteran or their agent may ask for an informal meeting to discuss the case with the senior reviewer. However only one conference is permitted. At this conference it is crucial to prepare and present your case facts in a clear manner. An attorney that specializes in the field of veterans disability law firm disability can assist you prepare and participate in the informal conference.

Higher-level reviews can be used to correct errors made by the reviewer who was earlier in an appeal for disability which could include misinterpreting evidence or making errors in the law. Senior reviewers are able to correct these mistakes by changing the previous decision however only when it is in the claimant's best interest.

The higher-level review could result in a private hearing for the claimant, which provides an opportunity to talk to the person reviewing the claim and to explain the arguments. A veterans disability attorney can help determine whether or not the need for a personal hearing is justified and can also prepare and present the evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year of the date the local office sent you the original denial letter. The VA will then review your case again and issue 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 complete the form correctly so that it is effective in contesting the decision. You don't have to list every reason you disagree with the VA's decision, but it is best to be specific in order to assist the VA know what you believe is wrong. Your attorney can help you decide what evidence to include with the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is not granted at this point You have a second chance to get it reviewed by an experienced reviewer in the form of a Higher-Level Review. This process could take as long as about 25 months and you must be with your lawyer throughout the process. If the VA denies your claim your lawyer can request an appearance before a Veterans Law judge to present testimony and other evidence in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for their injuries, illnesses, and other conditions incurred during service. The VA is a massive bureaucracy and it's easy to become lost. A veteran disability lawyer can help claimants navigate the system and provide the assistance they need.

Once a veteran has filed a Notice of Disagreement with his local VA office, the agency must conduct an investigation into the case. This includes examining the laws, regulations and evidence used to make the initial decision. This includes reviewing the medical records of the veteran as well as, if necessary, lay statements. The VA must provide the applicant with an official statement of case which contains a list of evidence that it has reviewed.

The statement should be in plain language and explain the reasoning of the decision, which should include the interpretation of the regulations and laws that affect the case. It should address all the contentions the claimant raised in his or her 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 delay the release of the document. Contact a veterans disability lawsuits 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 benefits.