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 veterans disability attorney can help you navigate it from beginning to end.

It's crucial to locate an attorney who practices disability law and handles cases of this nature at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeal

If the VA refuses or fails to approve a claim, either the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding the options available to you and get the benefits you deserve.

One of the main reasons people are required to submit a disability claim is because they are not content with the disability rating they have received. In this case, the lawyer can make sure that the evidence is there to support an appropriate rating based on a disability condition caused or exacerbated by military service.

A veterans disability lawyer could be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for the relevant records.

The help of a veterans disability attorney can also take the burden of dealing with the VA away from you. This gives you the time to concentrate on your health, and any other obligations you have. Some lawyers are veterans themselves and this gives them a unique form of compassion for their clients. They also create a deeper investment in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the mcalester veterans Disability attorney Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to look at the same evidence presented in the original claim, and then make an entirely new decision in the case. The senior reviewer has the choice to either reverse or confirm the previous rating.

A veteran or their representative could request an informal conference to discuss the matter with the senior reviewer. However only one conference is permitted. It is crucial to be prepared and explain the facts of your case in a concise manner at this meeting. An attorney for veterans can help you prepare and take part in the informal conference.

Higher-level reviews are often used to correct mistakes made by the previous reviewer on a disability claim that result in failing to interpret evidence or making mistakes in the law. The senior reviewer can alter the previous decision made on the same claim to fix these types of mistakes, but only if those modifications are beneficial to the applicant.

The more extensive review can result in a personal hearing for the claimant, which gives the claimant an opportunity to speak with the person who is reviewing the claim and explain their arguments. A veterans disability lawyer can help you determine whether it's required to request a personal hearing, as well as preparation and presenting evidence during the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you are able to submit a notice of disagreement within one year of the date the local office has sent you the original denial notice. The VA will then review your claim once more and draft a Statement of the Case.

To file a complaint with the VA, you should fill out VA Form 21-958. An attorney for disabled people can help you complete the form correctly to ensure it is effective in appealing the decision. You do not have to list every reason you disagree with the VA's decision, but it is best to be specific to help the VA understand what you think is wrong. Your attorney can assist you in deciding the evidence you should include in the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is rejected at this stage, you have another chance to get it reviewed by a senior reviewer in form of A Higher-Level Review. This could take up to 25 months, and you must have your lawyer by your side every step of the procedure. If the VA refuses to accept your claim, your attorney can request an appointment with a Veterans Law judge to present testimony and other evidence in person. If your claim is accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans receive compensation for their ailments, injuries and illnesses suffered during service. The VA is a big bureaucracy and it's easy for people to become lost. A veteran disability lawyer can help you navigate the process and provide vital assistance to claimants.

Once a veteran has filed a Notice of Disagreement in his or local VA office, the agency must conduct an investigation of the case. This includes examining the laws, regulations and evidence used to make the initial decision. This also includes looking at the medical records of the veteran as well as when necessary, lay statements. The VA must provide the applicant with the Statement of Case that includes a list of evidence that it has examined.

The statement should outline in plain language the reasoning behind the decision, and how it decided to interpret the laws and regulations that impacted the case. It should address the issues made by the claimant in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. However, due to the VA backlog, the agency may take longer to mail this document. If you're a veteran attempting to appeal an appeal of a rating decision or claim for benefits, get in touch with a lathrop veterans disability lawsuit disability lawyer from Fusco, Brandenstein & Rada, P.C.