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

The process of obtaining veterans disability benefits can be overwhelming. The right attorney for foley veterans disability lawyer can assist you from start to finish.

It's essential to choose a lawyer who restricts their practice to disability cases and only handles these cases at every stage of appeal. This will ensure that you get the most effective representation.

Appeal

If the VA rejects or doesn't approve a claim, either the spouse of the deceased or veteran may appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veteran disability lawyer can assist you in understanding the options available to you and help you get the benefits you deserve.

A common reason people declare a disability claim is that they are unhappy with their disability status. In this instance an attorney can make sure that there's enough evidence to support a rating that is appropriate for a condition that is that is caused or worsened by military service.

A veterans disability lawyer could be needed by people who have not received their benefits. The lawyer can assist in determining the missing documents and submit a request to the VA for those records.

A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to focus on your health, and any other obligations you have. Some lawyers are veterans themselves, and this can give them a unique compassion for their clients. They also create a deeper investment 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), veterans have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence presented in the original claim, and make a fresh decision. The senior reviewer can affirm or reverse the previous rating decision.

The veteran or their representative can arrange for a casual conference with the senior reviewer to discuss the case, however, only one such conference is permitted. For this meeting it is important to prepare and present your case's information clearly. A veteran disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews can be used to correct errors made by the previous reviewer on a disability case which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer may alter a prior decision on the same claim in order to fix these types of mistakes however only if the changes are advantageous to the person filing the claim.

The more thorough review may result in a personal hearing for the claimant which gives them the chance to speak with the person reviewing the claim and to explain their arguments. A veteran disability lawyer can assist in determining whether an individual hearing is necessary, as well as prepare and present evidence for the hearing.

Notice of Disagreement

You can file a dispute within one year from the date the local office sent you the initial denial letter. The VA will then review your case again and issue a 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 the form correctly to appeal the decision. You do not have to list every reason you don't agree with the VA's decision but it is advisable to be specific in order to help the VA know what you believe is wrong. Your attorney can assist you in deciding what evidence to include with the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined again by a senior reviewer through a Higher Level Review. This process can take up to 25 months, and you should be with your attorney at every step. If the VA continues to deny your claim, your lawyer could request a hearing to be held before an berkley veterans disability law firm Law Judge to present testimony and additional evidence in person. Your attorney will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure that Effingham Veterans Disability Lawyer receive compensation for their ailments, injuries and illnesses that they suffer during their service. The VA is a big bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist applicants navigate the system and provide the much-needed assistance.

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

This statement should be in plain language and provide the reasoning of the decision, which should include the interpretation of the law and regulations which affect the case. It should address the claims raised by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was submitted. However due to the VA backlog, the agency may take longer to issue the document. If you're a veteran who is appealing a decision on your rating or claim for benefits, contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.