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

The process of obtaining veterans disability benefits can be a challenge. A good hoquiam veterans disability Law firm disability attorney can guide you from start to finish.

It is essential to find an attorney who only has experience in disability law and who handles cases of this nature at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

When the VA denies a claim or fails to approve benefits, it allows the veteran, or his or the spouse who died to appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can assist you in understanding all of your options and help you get the benefits you deserve.

One common reason that people declare a disability claim is that they are not happy with their disability status. In this instance, the lawyer can ensure that all the evidence is in place to justify a proper rating based on a disability condition that was caused or worsened by military service.

A lawyer for veterans may be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents, and then make a request 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 concentrate on your health, and any other obligations you might have. Some attorneys are veterans which can give them a unique type 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 elsmere veterans disability lawyer Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to look at the same evidence presented in the original claim, and then make an additional decision regarding the case. The senior reviewer can either confirm or reverse the previous decision to rate.

A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. It is essential to be prepared and explain the facts of your case in a concise way at this conference. An attorney with expertise in veterans disability can help you prepare for and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the reviewer who was earlier in an appeal for disability for example, failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only if it is in the best interests of the claimant.

A personal hearing may be scheduled for the claimant as a consequence of the review at a higher level. This is an opportunity for the claimant to meet with the person who will be reviewing their claim and discuss their arguments. A veterans disability lawyer can help decide whether an individual hearing is necessary and also prepare and present the evidence for the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you can file a notice of disagreement within one year from the date the local office sends you the original denial notice. The VA will then review your claim again and prepare a Statement of Case.

To file a complaint to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You do not have to list every reason you do not agree with the VA's decision, but it is best to be specific to help the VA know what you believe is wrong. Your attorney can guide you on the evidence you should submit with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point If you are denied, you can try again to get it reviewed by a senior reviewer in the form of an Higher-Level Review. The process can take between 25 and up to 25 months, and you should be in contact with your attorney at every step. If the VA still denies your claim, your lawyer can request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check should your claim be approved.

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 large bureaucracy and it's easy for people to be lost. A veteran disability lawyer can assist in navigating the process and offer much-needed assistance for applicants.

The VA must review the case after the veteran has filed the Notice of Dispute to the local VA office. This includes looking at the regulations, laws and evidence used in making the original decision. Also, it involves looking over the medical records of the veteran and in the event of a need, lay statements. The VA must provide the claimant with an official statement of case that includes a list of evidence it has analyzed.

This statement should explain in clear language the reasoning behind the decision, and how it interpreted the laws and regulations that impacted the case. It should address all claims made by the plaintiff in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date on which the NOD was filed. However, due to the VA backlog it could take longer to mail the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision over a rating or a claim for benefits.