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

The process of applying for benefits for veterans disability can appear overwhelming. The right veterans disability attorney can guide you from beginning to end.

It's crucial to locate a lawyer that limits their practice to disabilities and only handles these cases at every stage of appeal. This will ensure you receive the best legal representation.

Appeals

If the VA denies or does not approve a claim, either the spouse of the deceased can file an appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

A common reason why people submit an application for disability benefits is that they are not content with the disability rating they have received. In this instance, a lawyer can make sure there is enough evidence to back an appropriate rating due to a condition that is caused or worsened by military service.

Another common reason for people to require a veteran disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can assist in determining the missing documents and submit a request the VA for the relevant records.

A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This allows you to concentrate on your health and any other obligations that you may have. Certain attorneys are veterans which can give them an innate compassion for their clients. This can make a big 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 on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence presented in the original claim, and make a new determination. The senior reviewer is able to affirm or veterans disability attorney reverse the previous rating decision.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, however, veterans Disability attorney only one of these conferences is permitted. It is crucial to be prepared and explain your case in a clear manner at this time. A veterans disability attorney can assist you in preparing and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of a disability claim. For instance, if the earlier reviewer misinterpreted evidence, or made errors in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to correct these kinds of errors however only if those modifications are beneficial for the claimant.

A personal hearing could be arranged for the applicant as a result of the higher-level review. This is a chance for the applicant to meet with the person who is reviewing their case and explain the arguments. A lawyer who is a veteran can help determine whether or not it's required to request a personal hearing, as well as with making and presenting the evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year from the date the local office issued the original denial letter. The VA will review your claim again and issue an official statement of the case.

If you want to file a dispute for a disagreement, you should file VA Form 21-958. A disability lawyer can help to fill out the form in a manner that is effective in appealing the decision. It is not necessary to list all the reasons you disagree with the VA's decision however, it is recommended to be specific in order to assist the VA to understand what you believe is wrong. Your attorney can help you decide the evidence you should include in the NOD. This could be statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined by a senior judge through an Higher Level Review. This process can take about 25 months and you must be in contact with your attorney at every step. If the VA is unable to resolve your claim, your lawyer may request that a hearing be conducted before an Veterans Law Judge to present evidence and testimony in person. Your attorney 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 injuries, illnesses and other ailments that they suffer during their service. The VA is a large bureaucracy and it's easy for people to become lost. A veteran disability attorney can guide you through the process and provide vital assistance to those who are seeking benefits.

If a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct an examination of the case. This includes reviewing the laws, regulations, and the evidence used in the initial decision. This includes reviewing the medical records of the veteran and at times lay statements. The VA must provide the claimant with an official statement of the case, which contains a list of all evidence it has reviewed.

This statement should explain in clear language the reasoning behind its decision, including how it determined the law and regulations that affected the case. It should address all the assertions made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. Due to the VA backlog it may take longer for the agency to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about the amount of your rating or a claim for benefit.