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

The process of applying for veterans disability benefits can be overwhelming. A good dumas veterans disability attorney disability attorney can help you navigate it from beginning to end.

It's important that you choose an attorney who 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

If the VA decides to deny or not accept a claim, the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. An attorney for veterans can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason why people need to declare an claim for disability is because they are not happy with their disability status. In this case, the lawyer can make sure that the evidence is in place to justify a proper rating based upon a disabling condition caused by or aggravated by military service.

A veteran disability lawyer might be needed by people who have not received 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 will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to concentrate on your health and any other obligations you have. Some attorneys are veterans, and this can give them a unique empathy with their clients and make them more invested in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) media veterans disability attorney have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence that was presented in the original claim, and make a new determination. The senior reviewer can either confirm or reverse the previous rating decision.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, but only one conference is allowed. At this conference it is important to prepare and present your case facts in a clear way. An attorney who is specialized in the field of veterans disability can assist you prepare for and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For instance an earlier reviewer misinterpreted evidence or made errors in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously however only if it is in the best interest of the claimant.

A personal hearing may be scheduled for the applicant as a result of the review at a higher-level. This provides those seeking to be heard by the person reviewing their claim and discuss their arguments. A veteran disability lawyer can help determine whether a personal hearing is required, as well as prepare and present the evidence during the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you are able to make a formal notice of disagreement within one year from the date that the local office has sent you the initial denial letter. The VA will review your case once more and prepare a Statement of the Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can help 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 to help the VA determine what you think is wrong. Your attorney can help you decide what evidence to include in the NOD. This could be statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage, then you can ask to have it reviewed by a senior judge through an Higher Level Review. The process can take between 25 and approximately 25 months. You should be in contact with your lawyer throughout the process. If the VA is unable to resolve your claim, your lawyer can request a hearing to be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses, and other conditions suffered during service. The VA is a huge bureaucracy and it's easy for people to get lost. A veteran disability lawyer can help applicants navigate the system and provide much needed assistance.

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the agency must conduct an examination of the case. This includes looking into the laws, regulations and the evidence used in the original decision. Also, it involves looking over the medical records of the greenfield veterans disability attorney and, if needed, lay statements. The VA must provide the claimant with the Statement of Case that includes a list of evidence it has analyzed.

This statement should describe clearly the reasoning behind the decision, including how it determined the law and regulations that impacted the case. It should address the issues made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. Due to the VA backlog, it could take longer for the agency to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is appealing a decision on the amount of your rating or a claim for benefit.