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 veteran disability lawyer can guide you through the process.

It's essential to locate a lawyer that limits their practice to disabilities and only handles these cases at all levels of appeal. This helps ensure you'll be receiving the best representation.

Appeals

If the VA refuses or fails to approve a claim, either the veteran or the surviving spouse can appeal. This is a complicated and lengthy process that can be complicated even for the most basic disability claims. A veterans disability lawyer can assist you in understanding the various options available and obtain the benefits you deserve.

A common reason people make a claim for disability is that they are not satisfied with their disability rating. In this case, a lawyer can ensure that the evidence is sufficient to support a fair rating based on a disability condition caused by or aggravated by military service.

Another reason for people to require a veterans disability lawyer is that they have been waiting too long to get their benefits. The lawyer can help determine the missing documents and submit a request the VA for the relevant records.

Having a veterans disability lawyer can help you deal with the VA away from your shoulders. This will give you the time to focus on your health, and any other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique type of empathy for their clients and make them more invested 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) allows veterans to have more options if they do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to look at the same evidence that was presented in the original claim and shinhwaspodium.com then make a new decision. The senior reviewer can choose to either affirm or reverse the previous rating.

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

The higher-level review is often used to correct mistakes made by the previous reviewer of the disability claim. For example an earlier reviewer misinterpreted evidence, Vimeo.Com or made mistakes in the law. The senior reviewer may alter a prior decision on the same claim in order to fix these types of errors however only if those changes are advantageous to the person filing the claim.

The higher-level review can also result in a hearing for the applicant, which gives the claimant an opportunity to meet with the person who is reviewing the claim and present the arguments. A veterans disability lawyer can help determine whether a personal hearing is required and also prepare and present the evidence during the hearing.

Notice of Disagreement

You can file a dispute within one-year of the date the local office sent you the initial denial letter. The VA will then review your case once more and prepare an official statement of the case.

You should make use of 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. It is not necessary to list all the reasons you disagree with the VA's decision however, it is recommended to be specific in order to help the VA know what you believe is wrong. Your attorney can advise you about the type of evidence you can submit in the NOD including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you have another chance to review it by an experienced reviewer in the form of an Higher-Level Review. This process can take approximately 25 months. You should be with your lawyer at all times. If the VA refuses to accept your claim, your lawyer may request an appointment with a Veterans Law judge to present evidence and testimony in person. If your claim is granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for ailments, injuries and illnesses caused by their service. The VA is a huge bureaucracy, and it's easy to get lost. A veteran disability lawyer can help navigate the process and offer much-needed assistance to those who are seeking benefits.

Once a veteran files a Notice of Disagreement with his her local VA office, the agency must conduct a review of the case. This includes looking into the laws, regulations, and the evidence used to make the initial decision. This includes reviewing the medical records of the veteran as well as when necessary, lay statements. The VA must send the claimant a Statement of the Case which includes a listing of all evidence it has looked over.

This statement should explain in plain language the reasoning behind the decision, as well as how it interpreted the laws and regulations that impacted the case. It should address all assertions made by the claimant in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding a rating or a claim for benefits.