How a veterans disability law firm Disability Attorney Can Help You Get the Benefits You Deserve

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

It's important to choose a lawyer who restricts their practice to disability cases and only handles those cases at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

When the VA denies or does not approve a claim, the spouse of the deceased can file an appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

A common reason why people submit a claim for disability is that they are unhappy with their disability rating. In this instance lawyers can make sure that there is sufficient evidence to back the proper rating due to a condition caused or made worse by military service.

A veteran disability lawyer might be needed by those who have not received their benefits. The lawyer can assist in determining what documents are not available, and then make a request for these records to the VA.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you to focus on your health and other obligations that you may have. Some lawyers are veterans disability lawsuit themselves and this gives them a unique form of empathy for their clients and 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) provides veterans with more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence that was presented in the original claim and make an additional decision regarding the case. The senior reviewer may affirm or reverse the previous rating decision.

The individual or the representative of the veteran can ask for an informal conference with the senior reviewer to discuss the case, however, only one such conference is permitted. At this meeting it is essential to prepare and present your case's information clearly. An attorney who is specialized in the field of veterans disability can assist you prepare for and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes by the reviewer who was earlier in the case of a disability claim that result in mistakenly interpreting evidence or committing errors in the law. The senior reviewer is able to alter the previous decision made on the same claim to correct these mistakes, but only if those changes are beneficial to the applicant.

A personal hearing can also be scheduled for the claimant in the wake of the review at a higher-level. This gives the claimant to meet with the person reviewing their claim and discuss their arguments. A veteran disability attorney can help determine whether or not the need for a personal hearing is justified and can also prepare and present the evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office mailed you the initial denial letter. The VA will review your claim once more and draft an official statement of the case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability attorney can help you fill out this form correctly to ensure it is effective in contesting the decision. You do not have to list all the reasons you disagree with the VA's decision, however, it is recommended to be specific in order to assist the VA understand what you think is wrong. Your attorney can advise you on the kind of evidence to include along with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can ask to have it reviewed again by a senior reviewer through a Higher Level Review. It could take as long as 25 months, and you should have your attorney by your side every step of the procedure. If the VA refuses to accept your claim, your lawyer can request a hearing to be conducted before a Veterans Law Judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for injuries, illnesses and conditions they have suffered during their service. The VA is a large bureaucracy and it's easy to get lost. A veteran disability lawyer can help applicants navigate the system and offer the needed assistance.

Once a veteran has filed a Notice of Disagreement in his or Vimeo local VA office, the agency must conduct an investigation into the case. This includes looking into the laws, regulations, and the evidence used in the initial decision. This includes reviewing the veteran's medical record and in the event of a need, Vimeo lay statements. The VA must send the claimant an official statement of the case which includes a listing of all evidence it has reviewed.

The statement should be written simple and clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address all the contentions the claimant raised in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. Due to the VA backlog, it might take the agency longer to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about an assessment or claim for benefits.