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

The process of submitting an application for veterans disability lawyers disability benefits may be overwhelming. A qualified veterans disability lawyer can assist you from beginning to end.

It is essential to choose a lawyer who restricts their practice to disability cases and exclusively handles those cases at every level of appeal. This helps ensure you'll be receiving the best representation.

Appeals

If the VA rejects a claim or does not allow benefits to be approved, it allows the veteran or his spouse who survives to file an appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veteran's disability attorney can help you understand your options and ensure you receive the benefits you deserve.

One common reason that people are required to submit a disability claim is that they are not satisfied with their disability status. In this instance, the lawyer can make sure that the evidence is sufficient to support an appropriate rating based upon a disabling condition caused by or aggravated by military service.

A veterans disability lawyer could be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents and submit a request to the VA to obtain those documents.

A lawyer for veterans can also ease the burden of dealing directly with the VA. This will let you focus on your health and other obligations you have. Some lawyers are veterans and this can create a unique compassion for their clients. This can make a major 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 disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to look at the same evidence presented in the original claim, and then make an additional decision regarding the case. The senior reviewer can affirm or reverse the previous decision to rate.

A veteran or their representative can ask for an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is allowed. It is important to be prepared and be able to present your case in a clear manner during this meeting. A veteran disability attorney can assist you in preparing and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for veterans disability lawyer disability. For instance an earlier reviewer misinterpreted the evidence or made errors in the law. Senior reviewers can correct these errors by reversing a previous decision but only if it is beneficial to the claimant's interests.

The more extensive review can result in a private hearing for the claimant, which is an opportunity to connect with the person who will be reviewing the claim and explain their arguments. A veteran disability lawyer can assist in determining whether or not the need for a personal hearing is justified, as well as prepare and present the evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached an assessment, you may make a formal notice of disagreement within one year from the date the local office sends you the original denial notice. The VA will review your case once more and prepare an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can help to fill out the form in a way that is effective in contesting the decision. You do not have to list all the reasons you don't agree 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 help you decide what evidence to include with the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed by a senior reviewer through a Higher Level Review. The process can take between 25 and approximately 25 months. You should be with your lawyer throughout the process. If the VA continues to deny your claim, your lawyer could request that a hearing be held before a Veterans Law Judge to present evidence and Veterans disability Lawyer testimony in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for injuries, illnesses and other ailments caused by their service. The VA is a massive bureaucracy and it's not difficult to become lost. A veteran disability lawyer can assist people navigate the system and provide the assistance they need.

The VA must examine the case once the veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the laws, regulations and the evidence used to make the original decision. It also includes examining the veteran's medical records and in the event of a need lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all evidence it examined.

The statement should be in plain language and explain the reasoning for the decision, including the interpretation of the law and regulations relevant to the case. It should address all assertions made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. Due to the VA backlog, it might take the agency longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding a rating or a claim for benefit.