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

The process of obtaining veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It's essential to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeals

When the VA denies a claim or does not approve benefits, it gives the veteran or his the spouse who died to appeal. This is a complex and lengthy process that could be complicated, even for the most simple disability claims. A veteran's disability attorney can assist you in understanding your options and help you get the benefits you deserve.

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

Another common reason for people to require a veterans disability lawyer is because they 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 for the relevant records.

The help of a veterans disability attorney can also relieve the burden of dealing with the VA away from you. This allows you to focus on your health and any other responsibilities that you may have. Some attorneys are veterans themselves and this gives them a unique form of empathy with their clients and make them more invested in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence as was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer can affirm or reverse the previous rating decision.

A veteran or their representative could ask for an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is allowed. At this conference, it is important to prepare and present your case's facts clearly. An attorney for veterans can assist you in preparing and participate in the informal conference.

Higher-level reviews can be used to correct errors made by the previous reviewer in an appeal for disability which could include failing to interpret evidence or making mistakes in the law. Senior reviewers are able to correct these mistakes by changing the previous decision however only when it is in the best interest of the claimant.

A hearing at a personal level can be arranged for the claimant as a result of the review at a higher level. This provides those seeking to be heard by the person who is reviewing their case and present their arguments. A lawyer for veterans disability can assist in determining whether or not it is necessary to request a personal hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you can make a formal notice of disagreement within one year from the date on which the local office has sent you its original denial letter. The VA will review your case once more and draft a Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form correctly to ensure it is effective in appealing the decision. It is not necessary 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 understand what you think is wrong. Your attorney can guide you on the evidence you should submit with the NOD, like statements from medical professionals or results of diagnostic tests.

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

Statement of the Case

Congress has passed a variety of laws to ensure that veterans disability law Firms receive compensation for illnesses, injuries, and other ailments they've suffered during their service. However the VA is a massive bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability attorney can guide you through the process and provide vital assistance for claimants.

The VA must examine the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the laws, regulations and evidence used to reach the original decision. This includes looking over the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with a Statement of Case, that includes a list of evidence that it has examined.

The statement should be in plain language and Veterans Disability law Firms provide the reasoning of the decision, which should include the interpretation of the law and regulations relevant to the case. It should address the allegations that the claimant has made in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the document. Contact a veterans disability attorneys disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding an assessment or claim for benefit.