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

The process of submitting an application for benefits from veterans disability may be overwhelming. A good veterans disability attorney can help you navigate it from beginning to end.

It's essential to find a lawyer who limits their law practice to disability cases and only handles these cases at every stage of appeal. This helps ensure you'll be getting the best representation.

Appeals

If the VA denies a claim, or fails to allow benefits to be approved, it allows the veteran or or spouse who survives to appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and get the benefits you deserve.

One of the main reasons people have to file an application for disability benefits is that they are not satisfied with their disability ratings. In this instance, the lawyer can ensure that the evidence is sufficient to justify a proper rating based on a disability condition caused or exacerbated by military service.

A lawyer for veterans may be required by those who have not received their benefits. The lawyer can assist in determining what documents are missing, and then submit an inquiry for these records to the VA.

A veterans disability lawyer can relieve the burden of dealing with the VA away from you. This will give you time to concentrate on your health and any other obligations you might have. Certain attorneys are veterans themselves which can give them a unique level of empathy for their clients and create a deeper investment in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows senior reviewers to review the same evidence as was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer can either affirm 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. For this meeting it is essential to prepare and present your case's information in a clear manner. An attorney that specializes in veterans disability law firm disability can help you prepare for and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of the disability claim. For instance when the previous reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim in order to correct these mistakes but only if the modifications are beneficial to the claimant.

A personal hearing can also be arranged for the claimant in the wake of the higher-level review. This gives the claimant to meet the person who is reviewing their claim and discuss their arguments. A veterans disability lawyer can assist in determining whether or not a personal hearing is required, as well as prepare and present evidence for the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you can file a written notice of disagreement within one year of the date when the local office gives you the original denial letter. The VA will review your case again and create an official statement of the case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete the form in a way that is effective in contesting the decision. It is not necessary to list every reason you don't agree with the VA's decision but it is best to be specific in order to assist the VA determine what you think is wrong. Your attorney can guide you on what evidence to submit along with the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage If you are denied, you can try again to review it by an experienced reviewer in form of a Higher-Level review. This process could take up to up to 25 months, and you should be with your attorney at every step. If the VA denies your claim, your attorney may request an appearance before a Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check when your claim is accepted.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for injuries, illnesses and ailments they've experienced during their time of service. But, the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability lawyer can help you navigate the process and provide vital assistance for those seeking 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 involves examining the laws, regulations and evidence used to make the initial decision. It also involves examining the medical records of the veteran as well as when necessary, lay statements. The VA must provide the claimant with a Statement of Case which includes a listing of all evidence it has looked over.

This statement should be in plain language and veterans disability attorney provide the reasoning for the decision, including the interpretation of the regulations and laws which affect the case. It should address the issues raised by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was sent. Due to the VA backlog, it could take the agency longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about an assessment or claim for benefits.