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

The process of getting veterans disability benefits can be a challenge. A good veterans disability attorney can assist you from start to finish.

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

Appeal

When the VA refuses to approve a claim or fails to allow benefits to be approved, it allows the veteran or his spouse who is surviving to file an appeal. It is a difficult and lengthy procedure that can be complicated, even for the simplest disability claims. A veteran disability lawyer can help you understand all of your options and obtain the benefits you deserve.

One common reason that people have to file a disability claim is that they are not content with the disability rating they have received. In this case an attorney can make sure that there is sufficient evidence to back the appropriate rating based on a condition caused or aggravated by military service.

A lawyer for veterans may be required by those who have not received their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for those records.

A lawyer for veterans will also help you get rid of the burden of dealing directly with the VA. This will give you the time to concentrate on your health and any other obligations you have. Some lawyers are veterans and this can result in an unmatched empathy for their clients. This could make a significant 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 to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to look at the same evidence as was presented in the original claim and then make an additional decision on the case. The senior reviewer can either affirm or reverse the previous decision to rate.

The veteran or their representative can arrange for a casual conference with the senior reviewer to discuss the case, but only one conference is allowed. In this meeting it is essential to prepare and present your case facts in a clear way. A veteran disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews are often used to correct mistakes made by the previous reviewer on an appeal for disability that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct the errors by changing the previous decision but only if it is in the claimant's best interest.

A personal hearing can also be scheduled for the applicant as a result of the review at a higher level. This gives the claimant to meet with the person reviewing their claim and present their arguments. A lawyer who is a veteran can help you determine whether it's necessary to request a private hearing, and with preparing and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to make a formal notice of disagreement within one year from the date when the local office gives you the initial denial letter. The VA will review the case again and prepare a Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you complete the form correctly to ensure it is effective in contesting the decision. You don't need to list every reason that you disagree with the decision; however it is recommended to be specific in order that the VA can understand exactly what you believe is incorrect. Your attorney can guide you on what evidence to submit in the NOD like statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point You have a second chance to review it by a senior reviewer in form of A Higher-Level Review. This process could take up to about 25 months and you must be with your lawyer throughout the process. If the VA still denies your claim, your lawyer may request that a hearing be conducted before an scottsville veterans disability attorney Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries, and veterans disability law firm ailments they've experienced during their service. But the VA is a huge bureaucracy that is easy to get lost in the system. A veteran disability lawyer can help applicants navigate the system and provide the needed assistance.

If a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct a review of the case. This includes looking into the regulations, laws and the evidence used to make the original decision. It also includes examining the medical records of the veteran and, if needed, lay statements. The VA must provide the claimant with an official statement of case which includes a list with evidence that it has examined.

The declaration should be written in plain language and explain the reasoning behind the decision, including the interpretation of the law and regulations affecting the case. It should address the claims raised by the claimant in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date on which the NOD was filed. However due to the VA backlog, the agency may take longer to mail the document. If you are a veteran who is appealing a decision on your rating or claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.