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

The process of getting veterans disability benefits can be a challenge. A qualified veterans disability lawyer can assist you from beginning to end.

It's crucial to locate a lawyer that limits their practice to disability cases, and only handles those cases at all levels of appeal. This will ensure that you're receiving the best representation.

Appeals

When the VA denies a claim, or does not allow benefits to be approved, it allows the veteran or his or vimeo spouse who survives to file an appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veteran disability lawyer can assist you in understanding your options and get the benefits you deserve.

The most common reason people file a claim for disability is that they are unhappy with their disability rating. In this instance lawyers can make sure that there's enough evidence to support a rating that is appropriate for a condition that is caused or made worse by military service.

A greensburg veterans disability law firm disability lawyer may be needed by those who have not received their benefits. The lawyer can help determine the missing documents and can then make a request to the VA to obtain those documents.

Having a veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and other obligations you have. Some lawyers are veterans themselves and this can provide them a unique form of compassion for their clients. They also increase the stakes in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows la vista veterans disability law firm to have more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence presented in the original claim and then make an additional decision regarding the case. The senior reviewer is able to affirm or reverse the previous decision to rate.

A veteran or their representative may arrange for an informal conference to discuss the case with the senior reviewer. However only one conference is permitted. At this conference it is essential to prepare and present your case's facts in a concise manner. An attorney for veterans can help you prepare for and take part in the informal conference.

Higher-level reviews are often used to correct mistakes by the earlier reviewer in an appeal for disability which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer can alter an earlier decision regarding the same claim to fix these types of mistakes however only if those modifications are beneficial for the applicant.

A personal hearing may be scheduled for the applicant as a result of the review at a higher level. This is an opportunity for the applicant to meet with the person who will be reviewing their claim and present their arguments. A veterans disability lawyer can assist in determining whether or not a personal hearing is required, as well as prepare and present evidence for the hearing.

Notice of Disagreement

You may file a complaint within one year of the date the local office issued the initial denial letter. The VA will review your case once more and prepare a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't have to include every reason why you are not with the decision. However it is best to be specific in order that the VA knows exactly what you believe to be wrong. Your attorney can help you determine what evidence to include with the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this stage If you are denied, you can try again to review it by an experienced reviewer in form of a Higher-Level Review. This process could take as long as 25 months and you should be with your lawyer throughout the process. If the VA continues to deny your claim, your lawyer could request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their service. The VA is a big bureaucracy and it's easy for people to get lost. A veteran disability attorney can help navigate the process and provide vital assistance to applicants.

Once a veteran files a Notice of Disagreement with his or her local VA office, the VA must conduct an investigation of the case. This includes looking at the laws, regulations and evidence used in making the initial decision. It also includes examining the veteran's medical records and, if needed, lay statements. The VA must send the claimant a Statement of the Case which is a list of all evidence it has reviewed.

The statement should be in plain English and should explain the reasoning behind the decision, including the interpretation of the laws and regulations relevant to 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 when the NOD was submitted. However, due to the VA backlog the agency might take longer to mail the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding an assessment or claim for benefits.