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

The process of obtaining veterans disability benefits can be overwhelming. The right veterans disability attorney can guide you from start to finish.

It's essential to choose a lawyer who restricts their practice to disability cases, and only handles these cases at every stage of appeal. This will ensure that you get the most effective representation.

Appeal

If the VA rejects a claim or fails to accept benefits, it permits the veteran or or spouse who survives to appeal. This is a complicated and time-consuming process that can be complicated even by the simplest disability claims. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

One of the main reasons people have to declare a disability claim is because they are unhappy with their disability rating. In this situation, a lawyer can make sure there is enough evidence to support an appropriate rating due to a condition caused or made worse by military service.

Another reason that people tend to require a veteran disability lawyer is that they've waited too long to receive their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for Veterans disability Attorney those records.

A lawyer for veterans disability attorneys can also take away the burden of dealing directly with the VA. This will give you time to focus on your health and any other obligations you might have. Some attorneys are veterans, and this may result in an innate compassion for their clients. This can make a big 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 to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence as was presented in the original claim, and then make an additional decision regarding the case. The senior reviewer may affirm or reverse the previous decision to rate.

A veteran or their agent may request an informal meeting to discuss the matter with the senior reviewer. However only one conference is allowed. It is crucial to be prepared and provide your case in a concise manner at this meeting. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of the disability claim. For example when the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer is able to alter a prior decision on the same claim to correct these errors however only if those modifications are beneficial for the applicant.

A personal hearing can also be scheduled for the claimant in the wake of the review at a higher level. This is an opportunity for the claimant to meet with the person who is reviewing their claim and to present their case. A veterans disability lawyer can assist in determining whether or not it's required to request a personal hearing, and with creating and presenting evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office sent you the original denial letter. The VA will review your case once more and draft an official statement of the case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You don't need to list every reason why you are not with the decision. However, it is better to be specific so that the VA is aware of what you believe to be incorrect. Your attorney can help you about the type of evidence you can submit along with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, then you can request that it be reviewed again by a senior reviewer through an Higher Level Review. This could take anywhere from 25 months, and you should have an attorney on with you every step of the procedure. If the VA still denies your claim, your lawyer may request a hearing to be conducted 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 numerous laws to ensure that veterans are compensated for Veterans Disability Attorney injuries, illnesses, and other conditions suffered during service. However the VA is a massive bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can assist people navigate the system and provide the assistance they need.

The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This involves examining the regulations, laws, and evidence used in the original decision. This includes reviewing the veteran's medical record and in the event of a need, lay statements. The VA must send the claimant a Statement of the Case which includes a listing of all evidence it has examined.

The statement should state in plain language the reasoning behind its decision, and how it decided to interpret the laws and regulations that affected the case. It should address all the contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the document. If you are a veteran appealing a decision on your rating or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.