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

The process of submitting an application for veterans disability benefits may appear overwhelming. The right veterans disability attorney will guide you from start to finish.

It's important that you find an attorney who only has experience in disability law and who handles these cases at all levels of appeal. This helps ensure you'll be receiving the best representation.

Appeal

When the VA rejects or doesn't accept a claim, the veteran or the surviving spouse can appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability lawyer can help you understand all your options and get the benefits you deserve.

A common reason for people to make a claim for disability is because they are unhappy with their disability status. In this case a lawyer can be sure that there is sufficient evidence to justify the proper rating for a condition that is that is caused or worsened by military service.

Another reason that people tend to need a veterans disability lawyer is because they've waited too long for benefits. The lawyer can help determine what documents are not available, and then make an inquiry for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This gives you the time to focus on your health, as well as any other obligations you might have. Some attorneys are veterans themselves which can give them a unique level of compassion for their clients and give them a greater stake in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence that was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer is able to either confirm or reverse the previous rating.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, however, only one conference is permitted. It is important to be prepared and explain the facts of your case in a clear manner during this meeting. An attorney that specializes in veterans ' disability can help you prepare and participate in the informal conference.

Higher-level reviews can be used to correct mistakes made by the earlier reviewer in an appeal for disability for example, mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by altering the decision made previously however only when it is beneficial to the claimant's interests.

A personal hearing could be arranged for the claimant in the wake of the review at a higher level. This gives those seeking to be heard by the person who is reviewing their claim and explain the arguments. A lawyer for veterans disability can help you determine whether or not it's required to request a personal hearing, as well as with creating and presenting evidence during the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you can file a notice of disagreement within one year of the date the local office gives you the original denial letter. The VA will examine your claim again and create an official statement of the case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form correctly so that it is effective in appealing the decision. You don't have to list every reason that you disagree with the decision; however it is best to be specific so that the VA can understand exactly what you believe is incorrect. Your attorney can guide you about the type of evidence you can submit to support the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can have it re-examined by a senior judge through an Higher Level Review. This can take up to 25 months, and you should have your attorney by with you every step of the procedure. If the VA refuses to accept your claim, your attorney can request an appointment with a chesterton veterans disability lawyer Law judge to present testimony and other evidence in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses and conditions they've endured during their time of service. The VA is a big bureaucracy, and it's easy to become lost. A veteran disability attorney can guide you through the process and provide vital assistance for those seeking assistance.

Once a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct a review of the case. This includes examining the laws, regulations and the evidence used to make the original decision. This also includes looking at the medical records of the veteran and in the event of a need lay statements. The VA must provide the claimant with a Statement of Case, that includes a list of evidence that it has reviewed.

The statement should be in plain language and explain the reasoning behind the decision, as well as the interpretation of the laws and regulations relevant to the case. It should address all the contentions the claimant raised in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date the NOD was filed. However, due to the VA backlog and backlog, the agency could take longer to mail the document. If you're a veteran who is appealing an appeal of a rating decision or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.