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

The process of submitting an application for veterans disability benefits may be overwhelming. A lawyer for veterans can help you navigate the process.

It is essential to locate a lawyer that limits their practice to disability cases and only handles these cases at every level of appeal. This will ensure you receive the best legal representation.

Appeals

When the VA rejects or doesn't approve a claim, the spouse of the deceased can appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability (vimeo.com) lawyer can help you understand the options available to you and secure the benefits you deserve.

The most common reason people declare a disability claim is that they are not satisfied with their disability rating. In this instance, the lawyer can ensure that the evidence is sufficient to support an appropriate rating based on a disabling condition that was caused or worsened by military service.

Another common reason for people to require a veteran disability lawyer is because they've waited too long for benefits. The lawyer can assist in determining the missing documents and then submit a request to the VA to obtain those documents.

A lawyer for veterans' disability will also help you get rid of the burden of dealing directly with the VA. This will give you time to concentrate on your health and any other obligations you have. Some attorneys are veterans, which can give them an unmatched compassion for their clients. 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) Veterans have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence as in the original claim and make a fresh determination. The senior reviewer can confirm or reverse the previous rating decision.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, however, only one conference is permitted. In this meeting it is important to prepare and present your case's facts clearly. A veterans disability attorney can assist you in preparing and take part in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the previous reviewer in a disability case, such as not interpreting evidence correctly or making mistakes in the law. The senior reviewer can change an earlier decision regarding the same claim in order to fix these types of mistakes but only if the modifications are beneficial for the claimant.

A personal hearing may be arranged for the claimant in the wake of the higher-level review. This is a chance for the claimant to meet the person who is reviewing their claim and discuss their arguments. A veterans disability attorney can help determine whether or not a personal hearing is required and can also prepare and present the evidence for the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to file a written notice of disagreement within one year from the date the local office gives you the initial denial letter. The VA will review your case once more and draft an official statement of the case.

You must utilize 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. You don't have to list all the reasons you don't agree with the VA's decision but it is best to be specific in order to help the VA determine what you think is wrong. Your attorney can assist you in deciding 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 point, you have another chance to get it reviewed by an experienced reviewer in the form of a Higher-Level Review. This process can take 25 months and you should be in contact with your attorney throughout the process. If the VA rejects your claim, your lawyer can request an appearance before an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for injuries, illnesses, veterans disability and other conditions that they suffer during their service. However, the VA is a huge bureaucracy that is easy to get lost in the system. A veteran disability lawyer can assist claimants navigate the system and offer the much-needed assistance.

Once a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct a review of the case. This includes looking into the regulations, laws, and veterans Disability the evidence used to make the original decision. This includes looking over the veteran's medical record and at times lay statements. The VA must provide the applicant with the Statement of Case which includes a list of evidence it has analyzed.

This statement should explain in plain language the reasoning behind the decision, including how it determined the law and regulations that impacted the case. It should address all the claims made by the plaintiff in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog and backlog, the agency could delay the release of the document. If you are a veteran attempting to appeal an appeal of a rating decision or claim for benefits, get in touch with an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.