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

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

It is essential to locate an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures you're getting the best representation.

Appeal

If the VA rejects or doesn't accept a claim, the spouse or the veteran who is surviving can file an appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. An attorney for veterans can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason for people to submit a claim for disability is because they are dissatisfied with their disability status. In this case, a lawyer can make sure there is enough evidence to back the appropriate rating for a condition that is caused or made worse by military service.

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

A Veterans Disability Lawyer (Enfogentraining.Com) can also ease the burden of dealing directly with the VA. This will give you the time to focus on your health, as well as any other obligations you have. Some lawyers are veterans, and this may result in an innate empathy for their clients. 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 do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to examine the same evidence provided in the original claim, and make a new determination. The senior reviewer has the option to either reverse or confirm the previous rating.

A veteran or their representative may request an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is permitted. In this meeting it is important to prepare and present your case's details in a clear way. A lawyer for veterans may help you prepare for and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of the disability claim. For instance an earlier reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision however only if it is in the best interest of the claimant.

A hearing at a personal level can be arranged for the applicant as a result of the review at a higher level. This is a chance for the claimant to meet the person reviewing their claim and present their arguments. A veterans disability lawyer can help you determine whether it is necessary to request a personal hearing, as well as preparation and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you can file a notice of disagreement within one year of the date on which the local office gives you the initial denial letter. The VA will examine your claim once more and draft a Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don't have to list all the reasons you don't agree with the VA's decision but it is advisable to be specific in order to help the VA to understand what you believe is wrong. Your attorney can help you on the evidence you should submit in the NOD like statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it reviewed again by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and you must have an attorney on your side throughout the procedure. If the VA refuses to accept your claim, your lawyer could request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure veterans disability lawsuit receive compensation for illnesses, injuries and other ailments they've suffered during their time of service. The VA is a massive bureaucracy and it's easy for people to be lost. A veteran disability attorney can assist in navigating the process and offer much-needed assistance to those who are seeking benefits.

The VA must review the case following the time a veteran has filed an Notice of Dispute at the local VA office. This includes looking at the laws, regulations and evidence used to make the original decision. This includes reviewing the veteran's medical record and at times lay statements. The VA must provide the claimant with an official statement of case that includes a list of evidence that it has reviewed.

The statement should state in plain language the reasoning behind the decision, including how it interpreted the laws and regulations that affected the case. It should address the issues raised 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 may take longer for the agency to issue the statement. If you are a veteran appealing a decision on your rating or claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.