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

The process of applying for benefits for veterans disability can seem overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.

It's essential to choose a lawyer who restricts their practice to disability cases, and only handles these cases at each level of appeal. This helps ensure you'll be getting the best representation.

Appeal

If the VA refuses or fails to accept a claim, the spouse or the veteran who is surviving can file an appeal. This is a complex and lengthy procedure that can be complicated even by the simplest disability claims. A veterans disability lawyer can help you understand the options available to you and secure the benefits you deserve.

One of the main reasons people need to submit a disability claim is that they are not content with the disability rating they have received. In this instance, the lawyer can ensure that all the evidence is in place to justify a proper rating based on a disability condition caused by or aggravated by military service.

A marion veterans disability attorney disability lawyer could be needed by people who have not received their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA to obtain those documents.

A lawyer for veterans can also ease the burden of dealing directly with the VA. This gives you the time to concentrate on your health, and any other responsibilities you may have. Certain attorneys are veterans and this may result in an exceptional compassion for their clients. 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), veterans have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to look at the same evidence that was presented in the original claim and then make an additional decision on the case. The senior reviewer is able to confirm or reverse the previous decision to rate.

The veteran or their representative can arrange for a casual conference with the senior reviewer to discuss the case, but only one such conference is allowed. It is crucial to be prepared and be able to present your case in a concise manner at this meeting. An attorney who is specialized in veterans disability can help you prepare and participate at the informal conference.

Higher-level reviews are often utilized to correct errors made by the reviewer who was earlier in a disability case which could include failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these errors by changing a previous decision, but only when it is in the best interest of the claimant.

A hearing at a personal level can be arranged for the claimant as a consequence of the review at a higher-level. This provides the applicant to meet with the person reviewing their claim and discuss their arguments. A fort gibson veterans disability lawsuit disability lawyer can help decide whether a personal hearing is needed, as well as prepare and present evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year from the date the local office mailed you the original denial letter. The VA will review your claim again and create a Statement of the Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. You do not have to list all the reasons you disagree with the VA's decision but it is important to be specific in order to help the VA know what you believe is wrong. Your attorney can help you on what evidence to submit with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you have another chance to review it by a senior reviewer in form of a Higher-Level review. It could take as long as 25 months, and it is important to have your attorney at your side throughout the procedure. If the VA still denies your claim, your lawyer could request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. However the VA is a massive bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can help you navigate the process and provide vital assistance to those who are seeking benefits.

The VA must review the case following the time a veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations, and the evidence used to make the original decision. Also, it involves looking over the medical records of the veterans and in the event of a need, lay statements. The VA must provide the applicant with the Statement of Case which includes a list of evidence it has analyzed.

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

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. Due to the VA backlog it may take the agency longer to issue the document. If you are a veteran appealing a decision on your rating or claim for benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.