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

The process of obtaining veterans disability lawyers disability benefits can be overwhelming. A qualified veterans disability lawyer can assist you from beginning to end.

It is essential to locate an attorney who practices disability law and handles cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

When the VA decides to deny or not approve a claim, either the veteran or the surviving spouse may appeal. This is a complex and lengthy process that can be complicated even with the simplest disability claims. A veteran disability lawyer can help you understand your options and obtain the benefits you deserve.

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

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

A veterans disability lawsuit disability lawyer can also ease the burden of dealing directly with the VA. This will give you the time to focus on your health, and any other obligations you might have. Some attorneys are veterans and this gives them a unique type of empathy for their clients and increase the stakes in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence presented in the original claim, and then make a new decision. The senior reviewer can confirm or reverse the previous decision to rate.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, however, only one such meeting is permitted. At this meeting it is essential to prepare and present your case's facts in a concise manner. A veterans disability attorney can assist you in preparing 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 evidence, or made errors in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only when it is in the best interests of the claimant.

The higher-level review could result in a private hearing for the applicant, which gives the claimant an opportunity to meet with the person who is reviewing the claim, and explain the arguments. A veterans disability lawyer can help you determine whether it's necessary to request a private hearing, and with making and presenting the evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to make a formal notice of disagreement within one year of the date the local office gives you the original denial letter. The VA will then review your case again and issue an official statement of the case.

If you want to file a dispute, you should use VA Form 21-958. An attorney for disabled people can help you fill out this form correctly to ensure it is effective in appealing the decision. You don't have to include every reason why you disagree with the decision. However, it is better to be specific so that the VA knows exactly what you believe is incorrect. Your attorney can assist you in deciding which evidence to include in the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is rejected at this point, you can have it reviewed by a senior reviewer through a Higher Level Review. This process could take as long as 25 months and you should be in contact with your attorney at every step. If the VA is unable to resolve your claim, your lawyer can request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has written extensive laws to ensure that veterans receive compensation for injuries, illnesses, and veterans disability lawyer other conditions incurred during service. The VA is a large bureaucracy, and it's easy to get lost. A veteran disability lawyer can assist people navigate the system and offer the much-needed assistance.

The VA must review the case following the time the veteran has filed the Notice of Dispute to the local VA office. This involves examining the regulations, laws and evidence used to make the initial decision. This includes reviewing the veteran's medical record and at times lay statements. The VA must provide the claimant with an Statement of Case which includes a list of evidence it has analyzed.

This statement should describe in plain language the reasoning behind the decision, including how it interpreted the laws and regulations that affected the case. It should address all assertions made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was filed. However due to the VA backlog it could delay the release of this document. If you're a veteran attempting to appeal a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.