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

The process of submitting an application for benefits from veterans disability may seem overwhelming. The right veterans disability attorney can guide you from beginning to end.

It's crucial to find a lawyer who limits their law practice to disability cases and exclusively handles these cases at every stage of appeal. This will ensure you receive the best representation.

Appeals

When the VA refuses to approve a claim or fails to approve benefits, it allows the veteran or his spouse who survives to appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason people file an claim for disability is because they are not satisfied with their disability status. In this case, the lawyer can make sure that the evidence is sufficient to justify a proper rating based on a disability condition caused by or aggravated by military service.

Another reason for people to require a veteran disability lawyer is because they've been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for those records.

A veteran disability lawyer can take the burden of dealing with the VA away from your shoulders. This will allow you the time to focus on your health and any other obligations you might have. Some attorneys are veterans, and this can give them a unique form of compassion for their clients. They also create a deeper investment in their cases. 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 disability lawyers have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence presented in the original claim, and make a fresh determination. The senior reviewer can confirm or reverse the previous rating decision.

The veteran or their representative can ask for an informal conference with the senior reviewer to discuss the case, however, only one such conference is permitted. In this meeting it is essential to prepare and present your case's facts in a concise manner. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously but only if it is in the best interests of the claimant.

The more thorough review may result in a hearing for the claimant which is an opportunity to talk to the person who will be reviewing the claim and to explain their arguments. A veterans disability lawyer can assist with determining whether or not it's necessary to request a personal hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has looked over your claim and veterans disability attorney come to a decision, you are able to submit a notice of disagreement within one year of the date on which the local office mails you the original denial letter. The VA will review the case again and create an Statement of Case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to list every reason why you disagree with the decision. However it is recommended to be specific so that the VA can understand exactly what you believe is incorrect. Your attorney can help you determine what evidence to include in the NOD. This could include statements from medical professionals, or Veterans disability attorney the results of diagnostic tests.

If your appeal is denied at this stage, then you can ask to have it reviewed by a senior judge through a Higher Level Review. The process can take between 25 and 25 months and you should be in contact with your lawyer throughout the process. If the VA rejects your claim, your attorney may request an appointment with a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

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

Once a veteran files a Notice of Disagreement with his or her local VA office, the VA must conduct an investigation into the case. This involves examining the regulations, laws and evidence used in making the original decision. This includes reviewing the medical records of the veteran and in the event of a need lay statements. The VA must provide the claimant with the Statement of Case that includes a list of evidence that it has reviewed.

This statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address all the contentions the claimant raised in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it might take the agency longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is appealing a decision on a rating or a claim for benefit.