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

The process of applying for benefits from veterans disability may be overwhelming. A veterans disability lawyer can help you navigate the procedure.

It's essential to choose a lawyer who restricts their practice to disability cases, and only handles those cases at every level of appeal. This ensures that you're getting the best representation.

Appeal

When the VA denies or does not approve a claim, either the spouse of the deceased or veteran can appeal. This is a complicated and time-consuming process that can be complicated even for the most straightforward disability claims. A veteran's disability attorney can help you understand your options and help you get the benefits you deserve.

One common reason that people make an claim for disability is because they are not content with their disability status. In this case, a lawyer can ensure that the evidence is sufficient to support an appropriate rating based upon a disabling condition that was caused or worsened by military service.

A lawyer for veterans may be needed by those who have waited too long to get their benefits. The lawyer can help determine the missing documents and veterans then submit a request to the VA to obtain those documents.

A veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This will give you time to concentrate on your health, and any other obligations you have. Some lawyers are veterans and this can result in a unique compassion for their clients. 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 disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence that was presented in the original claim and make an additional decision regarding the case. The senior reviewer can affirm or reverse the previous rating decision.

A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However only one conference is allowed. At this meeting, it is important to prepare and present your case facts clearly. An attorney who specializes in veterans ' disability can help you prepare and participate at the informal conference.

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

The more extensive review can result in a hearing for the applicant, which gives the claimant an opportunity to speak with those who are reviewing the claim, and explain the arguments. A veteran disability lawyer can help decide whether or not a personal hearing is needed and can also prepare and present the evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you are able to submit a notice of disagreement within one year of the date the local office sends you the original denial notice. The VA will review the claim again and create an Statement of Case.

If you want to file a dispute with the VA, you should fill out VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal the decision. It is not necessary to list every reason you don't agree with the VA's decision however, it is recommended to be specific and help the VA to understand what you believe is wrong. Your attorney can advise you on the kind of evidence to include to support the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you have another chance to review it by a senior reviewer in form of A Higher-Level Review. This process could take as long as about 25 months and you must be with your lawyer at all times. If the VA still denies your claim, your lawyer can request that a hearing be conducted before an veterans disability law firm Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions caused by their service. However, the VA is a huge bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can guide you through the process and Veterans offer much-needed assistance for those seeking assistance.

When a veteran files a Notice of Disagreement to his or her local VA office, the agency must conduct an investigation of the case. This includes reviewing the regulations, laws, and the evidence used to make the initial decision. This includes reviewing the medical records of the veteran as well as in the event of a need, lay statements. The VA must send the claimant a Statement of Case which is a list of all evidence it studied.

The statement should be written simple and clear, and also explain the reasoning for the decision, including the interpretation of the laws and regulations that affect the case. It should address all the contentions the claimant raised in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog the agency might delay the release of this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding an assessment or claim for benefit.