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

The process of obtaining veterans disability benefits can be a challenge. The right attorney for veterans can guide you from beginning to end.

It is essential to locate an attorney who practices disability law and handles these cases at all levels of appeal. This ensures you're getting the best representation.

Appeal

If the VA refuses to approve a claim or does not approve benefits, it allows the veteran or or spouse who survives to file an appeal. It is a difficult and lengthy process that could be complicated even with the most simple disability claims. A veteran disability lawyer can help you understand your options and help you get the benefits you deserve.

The most common reason people file a claim for disability is that they are not satisfied with their disability status. In this instance a lawyer can be sure that there is enough evidence to back the proper rating based on a condition caused or made worse by military service.

A veterans disability lawyer could be required by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing, and then submit an inquiry for these records to the VA.

Having a veterans disability lawyer can relieve the burden of dealing with the VA away from you. This will allow you the time to concentrate on your health, as well as any other obligations you have. Some attorneys are veterans themselves and this gives them a unique type of compassion for firm 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 option that allows an experienced reviewer to look at the same evidence provided in the original claim, and make a new determination. The senior reviewer may affirm or reverse the previous rating decision.

The veteran or their representative can arrange for a casual conference with the senior reviewer to discuss the case, however, firm only one such conference is permitted. At this meeting it is essential to prepare and present your case's information in a concise manner. A lawyer for veterans may help you prepare and take part in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For instance when the previous reviewer misinterpreted the evidence or made errors in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision but only if it is in the claimant's best interest.

A personal hearing may be arranged for the applicant as a result of the review at a higher level. This gives the claimant to meet the person reviewing their claim and to present their case. A fort pierce veterans disability attorney disability lawyer can help determine whether or not a personal hearing is needed and also prepare and present the evidence for the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office issued the original denial letter. The VA will review your claim again and create an official statement of the case.

In order to file a disagreement, you should use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to include every reason you don't agree with the decision. However it is best to be specific so that the VA is aware of what you believe to be incorrect. Your attorney can help you determine 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 stage There is a second chance to have it reviewed by an experienced reviewer in the form of an Higher-Level Review. This can take up to 25 months, and it is important to have an attorney on with you every step of the process. If the VA rejects your claim, your lawyer can request an appeal before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses and other ailments caused by their service. However the VA is a huge bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can help claimants navigate the system and offer much needed assistance.

The VA must review the case following the time the veteran has filed a Notice of Dispute with the local VA office. This includes looking into the laws, regulations and the evidence used to make the initial decision. Also, it involves looking over the medical records of the veterans and when necessary, lay statements. The VA must provide the claimant with an official statement of case that includes a list of evidence that it has reviewed.

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

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. Due to the VA backlog, it might take longer for the agency to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding an assessment or claim for benefit.