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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can help you navigate it from start to finish.

It's important to locate a lawyer that limits their law practice to disability cases and exclusively handles these cases at all levels of appeal. This will ensure that you're receiving the best representation.

Appeals

When the VA denies or does not consider a claim, the spouse of the deceased may appeal. This is a complicated and lengthy process that can be complicated, even for the most basic disability claims. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

A common reason for people to submit a claim for disability is because they are dissatisfied with their disability rating. In this case, a lawyer can make sure that the evidence is sufficient to justify a proper rating based on a debilitating condition caused or exacerbated by military service.

A veterans disability lawyer could be needed by those who have not received their benefits. The lawyer can assist in determining the missing documents and then submit a request to the VA for those records.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will give you the time to concentrate on your health, as well as any other obligations you might have. Some attorneys are veterans themselves which can give them a unique level of empathy for their clients and make them more invested in their cases. This can make a huge 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 if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence that was presented in the original claim, Veterans Disability Attorney and then make a new decision. The senior reviewer can choose to either affirm or reverse the previous rating.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, but only one such meeting is permitted. It is essential to be prepared and explain your case in a concise manner at this time. A veterans disability law firm disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the earlier reviewer in a disability case for example, failing to interpret evidence or making mistakes in the law. The senior reviewer may alter a prior decision on the same claim in order to correct these errors, but only if those modifications are beneficial to the person filing the claim.

A personal hearing may be scheduled for the applicant as a result of the review at a higher-level. This is a chance for those seeking to be heard by the person reviewing their claim and explain the arguments. A veterans disability attorneys disability attorney can help determine whether a personal hearing is required and can also prepare and present evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office issued the original denial letter. The VA will review your claim once more and draft a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist to fill out the form correctly to appeal the decision. It is not necessary to list every reason why you are not with the decision; however it is better to be specific so that the VA understands what exactly you believe to be incorrect. Your attorney can provide guidance on what evidence to submit to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage There is a second chance to get it reviewed by a senior reviewer in form of A Higher-Level Review. This process could take as long as approximately 25 months. You should be with your attorney at every step. If the VA denies your claim, your lawyer may request an appearance before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for their injuries, illnesses and conditions that they suffer during their service. But, the VA is a huge bureaucracy and it is easy to become lost in the system. A veteran disability attorney can help you navigate the process and offer much-needed assistance to those seeking assistance.

When a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct an investigation of the case. This includes looking into the laws, regulations, and evidence used in the original decision. This includes looking over the veteran's medical record and, if necessary, lay statements. The VA must provide the applicant with an Statement of Case that includes a list of evidence that it has reviewed.

The statement should outline in clear language the reasoning behind its decision, and how it interprets 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 that the NOD was sent. However due to the VA backlog and backlog, the agency could take longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about a rating or a claim for benefit.