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

The process of applying for veterans disability benefits may appear overwhelming. The right attorney for veterans will guide you from beginning to end.

It's crucial to locate a lawyer that limits their law practice to disabilities and only handles these cases at every level of appeal. This ensures that you're receiving the best legal representation.

Appeals

When the VA rejects a claim or fails to approve benefits, attorneys it allows the veteran, or his or the spouse who died to file an appeal. It is a difficult and lengthy process that can be complicated even for the most straightforward disability claims. A veterans disability lawyer can assist you in understanding the various options available and secure the benefits you deserve.

The most common reason people submit a claim for disability is that they are unhappy with their disability rating. In this situation, the lawyer can make sure that the evidence is in place to support a fair rating based on a disabling condition caused or exacerbated by military service.

A veterans disability lawsuit disability lawyer may be needed by people who have not received their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for those records.

Having a veterans disability lawyer can take the burden of dealing with the VA away from your shoulders. This allows you to concentrate on your health and other obligations that you may have. Some attorneys are veterans themselves and this can provide them a unique compassion for their clients. They also increase the stakes in their cases. This can make a massive 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 when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence provided in the original claim and then make a new decision. The senior reviewer can affirm or reverse the previous decision to rate.

A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. At this conference it is essential to prepare and present your case's information in a clear manner. An attorney that specializes in veterans ' disability can help you prepare and participate at the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of an appeal for disability. For instance when the previous reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer can alter an earlier decision on the same claim in order to correct these mistakes however only if the changes are beneficial to the claimant.

The higher-level review could result in a private hearing for the applicant, which gives the claimant an opportunity to meet with those who are reviewing the claim and present their arguments. A veterans disability lawyer can help decide whether a personal hearing is needed and attorneys also prepare and present evidence during the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you can file a written notice of disagreement within one year from the date the local office gives you its original denial letter. The VA will review your case again and issue a Statement of the Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can help to fill out the form in a way that is effective in appealing the decision. It is not necessary to list every reason you do not agree with the VA's decision, but it is advisable to be specific to help the VA know what you believe is wrong. Your attorney can advise you on the evidence you should submit along with the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, then you can ask to have it reviewed by a senior judge through a Higher Level Review. This can take up to 25 months, and you should have your attorney by your side every step of the procedure. If the VA continues to deny your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries and conditions they've endured during their service. However 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 crucial assistance for applicants.

The VA must examine the case after the veteran has filed an Notice of Dispute at the local VA office. This includes looking into the laws, regulations and the evidence used in the original decision. Also, it involves looking over the medical records of the veterans and in the event of a need lay statements. The VA must send the claimant an official statement of the case that includes a list of all evidence it reviewed.

The declaration should be written in plain language and provide the reasoning for the decision, including the interpretation of the law and regulations relevant to the case. It should address all contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. Due to the VA backlog, it may take longer for the agency to issue the statement. If you're a veteran attempting to appeal an appeal of a rating decision or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.