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 good veterans disability attorney can guide you from beginning to end.

It is essential to locate a lawyer that limits their practice to disability cases and exclusively handles these cases at every stage of appeal. This will ensure you receive the best representation.

Appeals

When the VA rejects or doesn't approve a claim, the veteran or the surviving spouse can appeal. This is a complicated and lengthy procedure that can be complicated even for the most simple disability claims. A spring lake heights veterans Disability attorney disability attorney can assist you in understanding your options and help you get the benefits you deserve.

A common reason why people are required to file a disability claim is that they are not happy with the disability rating they have received. In this situation an attorney can make sure that there is sufficient evidence to back the appropriate rating in light of a condition that was caused or made worse by military service.

A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA for the relevant records.

A veteran disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This allows you to focus on your health and any other obligations that you may have. Some attorneys are veterans, and this can give them a unique type of compassion for their clients. They also make them more invested in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the pleasant garden veterans disability law firm Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence provided in the original claim and then make a new decision. The senior reviewer has the option to either affirm or reverse the previous rating.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one conference is permitted. For this meeting it is important to prepare and present your case's information in a clear manner. An attorney who is specialized in the field of veterans disability can assist you prepare and participate in the informal conference.

Higher-level reviews can be utilized to correct errors made by the previous reviewer in a disability claim, such as not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only if it is in the claimant's best interest.

A personal hearing can also be scheduled for the applicant as a result of the review at a higher level. This is a chance for the applicant to meet with the person who is reviewing their case and discuss their arguments. A lawyer who is a veteran can help determine whether it is necessary to request a personal hearing, as well as with preparation and presenting evidence during the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued an assessment, you may file a written notice of disagreement within one year from the date on which the local office sends you the initial denial letter. The VA will then review your claim again and issue a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you complete the form in a manner that is effective in contesting the decision. You don't have to list all the reasons you disagree with the VA's decision but it is best to be specific to help the VA understand what you think is wrong. Your attorney can help you on the evidence you should submit to support the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this stage, then you can ask to have it reviewed by a senior judge through an Higher Level Review. The process can take between 25 and about 25 months and you must be in contact with your lawyer at all times. If the VA is unable to resolve your claim, your lawyer could request a hearing to be held before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to make sure that veterans are compensated for their injuries, illnesses and conditions incurred during service. The VA is a large bureaucracy and it's easy for people to be lost. A veteran disability lawyer can assist applicants navigate the system and provide much needed assistance.

When a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct an examination of the case. This includes looking at the laws, regulations and the evidence used to make the original decision. It also includes examining the medical records of the veteran and in the event of a need, lay statements. The VA must provide the applicant with the Statement of Case which includes a list of evidence it has analyzed.

The statement should be simple and clear, and also explain the reasoning behind the decision, as well as the interpretation of the law and regulations relevant to the case. It should address the allegations made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. However due to the VA backlog it could delay the release of the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding an assessment or claim for benefit.