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

The process of obtaining veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can guide you through the process.

It is essential to find a lawyer who limits their law practice to disability cases and only handles those cases at every level of appeal. This will ensure you receive the best legal representation.

Appeals

If the VA denies a claim or does not accept benefits, it permits the veteran or or spouse who survives to file an appeal. Even the most basic disability claims could make this a complicated and lengthy procedure. A veteran's disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason people need to make an claim for disability is because they are not content with their disability status. In this case, a lawyer can ensure that the evidence is sufficient to support a valid rating based upon a disabling condition that is caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have not received their benefits. The lawyer can assist in determining the missing documents, and then submit an application for these records to the VA.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This will let you concentrate on your health and any other obligations you might have. Some attorneys are veterans, which can give them an unmatched compassion for their clients. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), dunlap veterans disability law firm have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to examine the same evidence provided in the original claim, and make a fresh determination. The senior reviewer has the option to either affirm or reverse the previous rating.

A veteran or their representative may ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. It is important to be prepared and explain the facts of your case in a clear way at this conference. A veterans disability attorney can assist you in preparing and take part in the informal conference.

Higher-level reviews can be used to correct mistakes made by the reviewer who was earlier in an appeal for disability which could include mistakenly interpreting evidence or committing errors 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 personal hearing could be arranged for the claimant in the wake of the review at a higher-level. This is an opportunity for the claimant to meet the person who is reviewing their case and present their arguments. A veteran disability attorney can help determine whether the need for vimeo.com a personal hearing is justified and prepare and present the evidence for the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office issued the initial denial letter. The VA will examine your claim once more and prepare an official statement of the case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. You do not have to list all the reasons you do not agree with the VA's decision, but it is important to be specific in order to help the VA determine what you think is wrong. Your attorney can help you decide what evidence to include with the NOD. These could be statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this stage, then you can request that it be reviewed by a senior reviewer through an Higher Level Review. This could take up to 25 months, and you should have an attorney on your side throughout the process. If the VA denies your claim your attorney can request an appearance before an Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for their injuries, illnesses, and other conditions suffered during service. But, the VA is a huge bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can assist those seeking assistance navigate the system and provide the assistance they need.

If a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct an examination of the case. This involves examining the laws, regulations, and the evidence used in the initial decision. This also includes looking at the medical records of the veteran as well as in the event of a need, lay statements. The VA must provide the applicant with a Statement of Case, that includes a list of evidence that it has examined.

The statement should state in plain language the reasoning behind its decision, and how it interpreted the laws and regulations that affected the case. It should address the issues that the claimant has made in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date the NOD was filed. However due to the VA backlog the agency might delay the release of the document. If you're a veteran attempting to appeal the decision of a rating agency or a claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.