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 help you navigate the procedure.

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

Appeal

If the VA refuses or fails to consider a claim, the spouse of the deceased or veteran can file an appeal. It is a difficult and lengthy procedure that can be complicated even by the most basic disability claims. A veteran disability lawyer can assist you in understanding the options available to you and secure the benefits you deserve.

One common reason that people submit an claim for disability is because they are unhappy with their disability ratings. In this situation a lawyer can be sure that there is enough evidence to back an appropriate rating based on a condition caused or aggravated by military service.

A veteran disability lawyer might be needed by those who have waited too long to get their benefits. The lawyer can help determine the missing documents, and then submit an inquiry for these records to the VA.

A veterans disability lawyer can also take away 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 and this gives them a unique level of compassion for their clients. They also give them a greater stake 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) allows chesapeake veterans disability attorney to have more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence as was presented in the original claim and make an additional decision on the case. The senior reviewer is able to either reverse or confirm the previous rating.

The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, however, only one such meeting is allowed. It is important to be prepared and provide the facts of your case in a concise manner during this meeting. A veterans disability attorney can help you prepare and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers can correct the errors by changing the previous decision however only when it is beneficial to the claimant's interests.

A personal hearing could be scheduled for the claimant as a consequence of the higher-level review. This gives the applicant to meet with the person reviewing their claim and present their arguments. A lawyer who is a veteran can help you determine whether or not it's required to request a personal hearing, as well as making and presenting the evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year of the date the local office sent you the initial denial letter. The VA will review your case again and issue a Statement of the Case.

To file a complaint to file a dispute, you must use VA Form 21-958. A disability attorney can assist complete this form correctly to ensure it is effective in appealing the decision. You do not have to list every reason you disagree with the VA's decision however, it is recommended to be specific in order to assist the VA know what you believe is wrong. Your attorney can help you determine which evidence to include in the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this point You have a second chance to get it reviewed by a senior reviewer in the form of an Higher-Level Review. It could take as long as 25 months, and you must have your attorney by your side every step of the procedure. If the VA refuses to accept your claim, your lawyer may request a hearing to be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their service. The VA is a large bureaucracy, and it's easy to be lost. A veteran disability lawyer can assist applicants navigate the system and offer the needed assistance.

The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the regulations, laws, and evidence used in the original decision. This includes looking over the medical record of the veteran as well as at times, lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence it examined.

This statement should be in plain language and provide the reasoning behind the decision, including the interpretation of the laws and regulations which affect the case. It should address all contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was filed. However due to the VA backlog and backlog, the agency could delay the release of this document. If you're a veteran who is appealing an appeal of a rating decision or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, veterans disability lawyer P.C.