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

The process of applying for benefits for veterans disability can appear overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It's essential to locate a lawyer that limits their law practice to disability cases and exclusively handles those cases at every stage of appeal. This will ensure you receive the best legal representation.

Appeals

If the VA denies a claim, or fails to approve benefits, it allows the veteran, or his or spouse who survives to file an appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can help you understand all of your options and secure the benefits you deserve.

A common reason why people submit a claim for disability is because they are unhappy with their disability rating. In this instance, the lawyer can make sure that the evidence is there to justify a proper rating based upon a disabling condition that is caused or exacerbated by military service.

A veterans disability law firm disability lawyer may be required by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are not available, and then make an inquiry for these records to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This gives you the time to concentrate on your health and any other obligations you have. Some lawyers are veterans disability attorneys themselves and this can provide them a unique form of compassion for their clients and make them more invested in their cases. This can make a major 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 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 analyze the same evidence as in the original claim, and then make a new decision. The senior reviewer can affirm or reverse the previous decision to rate.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one of these conferences is allowed. It is essential to be prepared and explain your case in a clear manner at this time. A lawyer for veterans may assist you in preparing for and participate in the informal conference.

Higher-level reviews are usually used to correct errors made by the earlier reviewer in an appeal for disability for example, misinterpreting evidence or veterans disability lawyer making errors in the law. The senior reviewer can change a prior decision on the same claim to correct these mistakes however only if those modifications are beneficial for the applicant.

A personal hearing may be arranged for veterans disability lawyer the claimant in the wake of the review at a higher level. This is a chance for the claimant to meet the person who is reviewing their claim and present their arguments. A veterans disability lawyer can help you determine whether or not it's necessary to request a private hearing, as well as preparing and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you can file a written notice of disagreement within one year of the date that the local office has sent you the original denial notice. The VA will examine your claim again and create an official statement of the case.

To file a complaint to file a dispute, you must use VA Form 21-958. A disability lawyer can help you complete the form correctly to ensure it is effective in appealing the decision. You don't have to include every reason that you disagree with the decision. However, it is better to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can help you decide what evidence to include in the NOD. This could be statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point If you are denied, you can try again to be reviewed by a senior reviewer in the form of A Higher-Level Review. This process could take as long as up to 25 months, and you should be with your lawyer at all times. If the VA continues to deny your claim, your lawyer can request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for injuries, illnesses and conditions they've endured during their time of service. However, the VA is a huge bureaucracy that is easy to become lost in the system. A veteran disability lawyer can help you navigate the process and provide crucial assistance for claimants.

Once a veteran has filed a Notice of Disagreement to his or local VA office, the VA must conduct a review of the case. This includes looking at the regulations, laws and evidence used in making the original decision. This includes reviewing the medical record of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with a Statement of Case which includes a listing of all evidence it studied.

The statement should outline in plain language the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that impacted the case. It should address all the claims made by the plaintiff in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date on which the NOD was filed. However due to the VA backlog the agency might take longer to issue the document. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.