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

The process of getting veterans disability benefits can be overwhelming. The right attorney for veterans can assist you from start to finish.

It's essential to find a lawyer who has a limit on their law practice to disabilities and only handles those cases at each level of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

When the VA rejects a claim or does not approve benefits, it gives the veteran or or spouse who survives to file an appeal. It is a difficult and lengthy process that could be complicated even by the most straightforward disability claims. A veteran disability lawyer can assist you in understanding the options available to you and obtain the benefits you deserve.

A common reason why people submit an application for disability benefits is that they are not happy with their disability rating. In this situation, the lawyer can ensure that the evidence is in place to support a valid rating based on a disabling condition caused by or aggravated by military service.

A veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can help determine what documents are missing and submit a request to the VA for those records.

A veteran disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This will give you the time to focus on your health, and any other obligations you have. Some lawyers are veterans, which can give them an exceptional compassion for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the overland park veterans disability law firm Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to look at the same evidence that was presented in the original claim and make an entirely new decision in the case. The senior reviewer can confirm or reverse the previous rating decision.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, but only one of these conferences is allowed. It is essential to be prepared and veterans disability attorney provide your case in a concise manner at this meeting. An attorney who is specialized in the field of disability for veterans can help you prepare and participate at the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of an appeal for disability. For instance, if the earlier reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to fix these types of errors, but only if those modifications are beneficial to the person filing the claim.

The more extensive review can result in a hearing for the claimant which is an opportunity to connect with the person who will be reviewing the claim and present the arguments. A veterans disability lawyer can help you determine whether or not it's necessary to request a private hearing, as well as preparation and presenting evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year from the date the local office sent you the original denial letter. The VA will review the case once more and draft a Statement of the Case.

If you want to file a dispute for a disagreement, you should file VA Form 21-958. A disability lawyer can help you complete the form correctly so that it is effective in appealing the decision. You don't need to list every reason why you disagree with the decision. However it is better to be specific so that the VA is aware of what you believe to be incorrect. Your attorney can help you determine what evidence to include with the NOD. These could be statements from medical professionals, or results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it reviewed by a senior judge through an Higher Level Review. This can take up to 25 months, and you must have your attorney by with you every step of the procedure. If the VA continues to deny 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 ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

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

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the VA must conduct an investigation into the case. This includes looking at the laws, regulations and the evidence used to make the initial decision. It also involves examining the medical records of the veteran and, if needed, lay statements. The VA must send the claimant an official statement of the case, which contains a list of all evidence it examined.

The statement should state clearly the reasoning behind its decision, including how it determined the law and regulations that impacted the case. It should address all the contentions the claimant raised in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of when 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 appealing a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.