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. The right veterans disability attorney can guide you from beginning to end.

It is essential to locate a lawyer that limits their practice to disability cases and exclusively handles those cases at each level of appeal. This will ensure that you get the most effective representation.

Appeals

When the VA refuses to approve a claim or fails to approve benefits, it allows the veteran or or spouse who survives to file an appeal. This is a complex and time-consuming process that can be complicated even with the most simple disability claims. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

One common reason that people have to make an claim for disability is because they are not satisfied with their disability rating. In this case lawyers can make sure that there is sufficient evidence to justify the proper rating due to a condition that is caused or worsened by military service.

Another reason for people to seek out a veterans disability lawyer is because they have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and submit a request the VA for the relevant records.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will give you the time to focus on your health, as well as any other obligations you might have. Some attorneys are veterans themselves and this can provide them a unique form of compassion for their clients. They also make them more invested 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), veterans have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence provided in the original claim and make a fresh determination. The senior reviewer has the option to either reverse or confirm the previous rating.

A veteran or their agent may request an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. In this meeting it is crucial to prepare and present your case's facts clearly. A veterans disability attorney (relevant web site) can assist you in preparing and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers can correct these errors by changing a previous decision however only if it is in the best interests of the claimant.

A hearing at a personal level can be scheduled for the claimant as a result of the higher-level review. This is an opportunity for the claimant to meet the person reviewing their claim and discuss their arguments. A lawyer who is a veteran can help you determine whether it's required to request a personal hearing, as well as making and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you can submit a notice of disagreement within one year of the date that the local office mails you the initial denial letter. The VA will review your claim once more and prepare an official statement of the case.

To file a complaint, you should use VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You don't have to list every reason you disagree with the VA's decision, but it is best to be specific in order to help the VA to understand what you believe is wrong. Your attorney can help you about the type of evidence you can submit in the NOD for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it reviewed by a senior judge through a Higher Level Review. This process could take as long as up to 25 months, and you should be with your attorney at every step. If the VA continues to deny your claim, your lawyer may request that a hearing be conducted before an veterans disability lawyers Law Judge to present evidence and testimony in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. The VA is a large bureaucracy and it's easy to be lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide the assistance they need.

The VA must examine the case after the veteran has filed the Notice of Dispute to the local VA office. This includes examining the regulations, laws and the evidence used to make the initial decision. It also includes examining 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, which contains a list of evidence it has analyzed.

The declaration should be written in plain language and provide the reasoning behind the decision, including the interpretation of the laws and regulations affecting the case. It should address the allegations made by the claimant in the 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 it could take longer to mail this document. If you're a veteran appealing a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.