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

The process of getting veterans disability benefits can be overwhelming. A yuma veterans disability attorney disability lawyer can help you navigate the procedure.

It's essential to find an attorney who only handles disability law and cases of this nature at all levels of appeal. This will ensure that you get the best representation.

Appeals

When the VA denies or does not accept a claim, the spouse or the veteran who is surviving can file an appeal. This is a complex and lengthy process that can be complicated even by the simplest disability claims. A veteran disability lawyer can assist you in understanding all your options and secure the benefits you deserve.

The most common reason why people make a claim for disability is that they are not satisfied with their disability status. In this case, the lawyer can make sure that the evidence is in place to support an appropriate rating based upon a disabling condition that is caused or exacerbated by military service.

Another reason that people tend to require a veteran disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for those records.

A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you the time to focus on your health, and any other obligations you have. Some attorneys are veterans themselves and this gives them a unique type of empathy with their clients and 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), veterans have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence presented in the original claim, and then make a new decision. The senior reviewer is able to either affirm or reverse the previous rating.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, however, only one conference is allowed. In this meeting it is crucial to prepare and present your case's details in a clear manner. A lawyer for Baxley Veterans Disability Attorney may assist you in preparing for and take part in the informal conference.

Higher-level reviews can be used to correct mistakes by the earlier reviewer in the case of a disability claim that result in mistakenly interpreting evidence or committing errors in the law. The senior reviewer can change a prior decision on the same claim to correct these kinds of mistakes, but only if those modifications are beneficial to the claimant.

A personal hearing can also be scheduled for the claimant in the wake of the review at a higher level. This gives those seeking to be heard by the person who will be reviewing their claim and discuss their arguments. A veteran disability lawyer can assist in determining whether a personal hearing is required and prepare and present evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office issued the original denial letter. The VA will review the claim again and prepare a Statement of Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, but it is best to be specific in order to assist the VA know what you believe is wrong. Your attorney can help you determine the evidence you should include in the NOD. This could be statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this stage, then you can request that it be reviewed again by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and you should have your lawyer by your side throughout the way. 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. Your attorney will draft your check if your claim is awarded.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses and conditions that they suffer during their service. However the VA is a huge bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can guide you through the process and provide much-needed assistance to those seeking assistance.

The VA must review the case following the time the veteran has filed an Notice of Dispute at the local VA office. This includes examining the regulations, laws and the evidence used to make the original decision. This includes reviewing the medical records of the veteran as well as when necessary lay statements. The VA must provide the applicant with an official statement of case that includes a list of evidence that it has examined.

The statement should outline clearly the reasoning behind its decision, and how it interpreted the laws and regulations that impacted the case. It should address any claims raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was sent. However, due to the VA backlog and backlog, the agency could take longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about the basis of a rating or a claim for benefit.