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

The process of applying for veterans disability benefits may appear overwhelming. A qualified veterans disability lawyer (click the next webpage) will guide you from beginning to end.

It's important that you find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

If the VA denies a claim, or fails to allow benefits to be approved, it allows the veteran or his or her surviving spouse to appeal. This is a complex and lengthy process that can be complicated even by the most simple disability claims. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

The most common reason people have to submit an claim for disability is because they are not satisfied with the disability rating they have received. In this situation, the lawyer can make sure that the evidence is sufficient to support a fair rating based upon a disabling condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA for the relevant records.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will let you concentrate on your health and other obligations that you may have. Some lawyers are veterans and this can create an innate empathy for their clients. This can make a huge 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 do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence that was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer may confirm or reverse the previous decision to rate.

A veteran or their representative can arrange for an informal conference to discuss the case with the senior reviewer. However, only one conference is permitted. At this meeting it is important to prepare and present your case's details in a concise manner. An attorney with expertise in veterans disability law firms disability can help you prepare and participate in the informal conference.

Higher-level reviews can be utilized to correct errors made by the previous reviewer on the case of a disability claim which could include misinterpreting evidence or making errors in the law. The senior reviewer can alter a prior decision on the same claim to rectify these errors however only if the modifications are beneficial to the applicant.

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

Notice of Disagreement

You can file a dispute within one-year of the date the local office mailed you the original denial letter. The VA will review your case again and issue an official statement of the case.

If you want to file a dispute for a disagreement, you should file VA Form 21-958. A disability lawyer can help to fill out the form correctly 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 best to be specific in order to help the VA to understand what you believe is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could be statements from medical professionals, or results from diagnostic tests.

If your appeal is not granted at this point If you are denied, you can try again to review it by an experienced reviewer in form of an Higher-Level Review. This process can take up to 25 months, and you should be in contact with your lawyer at all times. If the VA is unable to resolve your claim, your lawyer may request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans receive compensation for ailments, injuries and illnesses that they suffer during their service. But the VA is a massive bureaucracy and it's easy to be lost within the system. A veteran disability attorney can help navigate the process and provide vital assistance to applicants.

The VA must review the case after a veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations, and the evidence used in the original decision. Also, it involves looking over the medical records of the veteran and, if needed, lay statements. The VA must send the claimant a Statement of the Case which is a list of all the evidence it has looked over.

The statement should be in plain language and explain the reasoning for the decision, including the interpretation of the regulations and laws affecting the case. It should address all the arguments made by the claimant in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. However, due to the VA backlog the agency might take longer to mail this document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.