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

The process of submitting an application for benefits for veterans disability can seem overwhelming. A carroll veterans disability law firm disability lawyer can guide you through the process.

It's essential to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This ensures you're getting the best representation.

Appeal

If the VA denies or does not approve a claim, either the spouse of the deceased may appeal. This is a complex and lengthy process that can be complicated, even for the most simple disability claims. A veteran's disability attorney can assist you in understanding your options and get the benefits you deserve.

A common reason for people to submit a claim for disability is that they are unhappy with their disability rating. In this situation a lawyer can be sure that there's enough evidence to back the appropriate rating for a condition that is caused or aggravated by military service.

Another common reason for people to require a veteran disability lawyer is because they've been waiting too long to get their benefits. The lawyer can assist in determining the missing documents, and then submit the request for these documents to the VA.

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, as well as any other responsibilities you may have. Some lawyers are veterans and this can result in a unique empathy for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence as was presented in the original claim and then make an entirely new decision in the case. The senior reviewer has the choice 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 of these conferences is allowed. In this meeting it is important to prepare and present your case's information in a clear manner. An attorney with expertise in the field of veterans disability can assist you prepare and participate at the informal conference.

Higher-level reviews are often utilized to correct errors made by the previous reviewer on a disability claim, such as 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 interests of the claimant.

The more extensive review can result in a personal hearing for the claimant, which provides an opportunity to connect with the person who is reviewing the claim and explain their arguments. A veterans disability lawyer can help determine whether or not it's necessary to request a private hearing, and with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office sent you the initial denial letter. The VA will then review your claim again and issue a Statement of the Case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability attorney can help complete this form correctly so that it is effective in contesting the decision. You do not have to list every reason you disagree with the VA's decision, however, it is recommended to be specific in order to help the VA determine what you think is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is not accepted at this stage, then you can have it reviewed again by a senior reviewer through a Higher Level Review. This could take anywhere from 25 months, and you must have an attorney on all the process. If the VA rejects your claim, your lawyer may request an appeal before a Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check should your claim be approved.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries and other ailments they've suffered during their time of service. But the VA is a massive bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability attorney can help navigate the process and offer much-needed assistance to those seeking assistance.

Once a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct a review of the case. This involves examining the regulations, laws and the evidence used to make the original decision. Also, it involves looking over the medical records of the veterans and, if needed, lay statements. The VA must send the claimant a Statement of Case which is a list of all evidence it has examined.

The statement should outline in a clear manner the reasoning behind its decision, including how it interpreted the laws and regulations that affected the case. It should address all contentions the claimant raised in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. Contact a veterans disability attorney from Fusco, vimeo Brandenstein & Rada, P.C. if you are a veteran appealing a decision on an assessment or claim for benefits.