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

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

It's important that you find an attorney that only handles disability law and cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeal

When the VA decides to deny or not consider a claim, the spouse of the deceased or veteran may appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability lawyer can help you understand the various options available and get the benefits you deserve.

The most common reason people are required to file an claim for disability is because they are not satisfied with their disability rating. In this case, a lawyer can make sure that the evidence is there to justify a proper rating based on a disabling condition caused by or aggravated by military service.

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

A lawyer for veterans can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, and any other responsibilities you may have. Certain attorneys are veterans themselves and this gives them a unique level of compassion for their clients. They also give them a greater stake in their cases. This could make a significant 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 disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to review the same evidence presented in the original claim and make an additional decision regarding the case. The senior reviewer may affirm or reverse the previous decision to rate.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, however, only one of these conferences is permitted. For this meeting, it is important to prepare and present your case's facts in a clear way. An attorney who specializes in veterans ' disability can help you prepare and participate at the informal conference.

Higher-level reviews are usually used to correct mistakes made by the earlier reviewer in a disability case which could include failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim to fix these types of errors however only if the changes are beneficial to the claimant.

The higher-level review can also lead to a personal hearing for the applicant, which gives them the chance to connect with the person who is reviewing the claim and explain their arguments. A lawyer for veterans disability law firms veterans can help determine whether it's required to request a personal hearing, and with creating and presenting evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may file a notice of disagreement within one year of the date when the local office sends you its original denial letter. The VA will review the claim again and prepare a Statement of Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't have to include 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 wrong. Your attorney can assist you in deciding what evidence to include in the NOD. This could include statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, then you can request that it be reviewed by a senior judge through an Higher Level Review. This can take up to 25 months, and you should have your attorney at your side throughout the way. If the VA refuses to accept your claim, your attorney may request a hearing before a veterans disability law firms - http://littleyaksa.yodev.net/, Law judge to present testimony and other evidence in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries, and conditions they have suffered during their time of service. The VA is a large bureaucracy and it's not difficult to get lost. A veteran disability lawyer can assist people navigate the system and provide the much-needed assistance.

The VA must review the case following the time the veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the laws, regulations and evidence used in the initial decision. This includes looking over the medical record of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with a Statement of Case, that includes a list of evidence it has analyzed.

This statement should explain in a clear manner the reasoning behind its decision, including how it determined the law and regulations that impacted the case. It should address the allegations made by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog, it could take longer for the agency 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 over the basis of a rating or a claim for benefit.