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

The process of submitting an application for benefits from flossmoor veterans disability law firm [vimeo.com] disability may be overwhelming. A qualified veterans disability lawyer can guide you from start to finish.

It's essential to find a lawyer who limits their law practice to disability cases, and only handles those cases at every stage of appeal. This will ensure that you get the best representation.

Appeal

If the VA denies or does not accept a claim, the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding all your options and obtain 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 case, a lawyer can make sure that the evidence is in place to support a valid rating based on a disability condition caused by or aggravated by military service.

Another reason that people tend to require a veteran disability lawyer is that they have been waiting too long for benefits. The lawyer can help determine the missing documents and submit a request to the VA for those records.

A lawyer for veterans can also relieve you of the burden of dealing directly with the VA. This will allow you to concentrate on your health and other obligations you might have. Some attorneys are veterans themselves, and this can give them a unique type of empathy for their clients and create a deeper investment in their cases. 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 when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence presented in the original claim and then make a new decision on the case. The senior reviewer is able to either reverse or confirm the previous rating.

A veteran or [Redirect-302] their representative can ask for an informal meeting to discuss the case with the senior reviewer. However, only one conference is permitted. At this conference it is important to prepare and present your case facts clearly. A freeburg veterans disability law firm disability attorney can assist you in preparing for and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted evidence or made errors in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously, but only when it is in the best interest of the claimant.

A personal hearing may be scheduled for the claimant as a result of the review at a higher level. This is an opportunity for the applicant to meet with the person who will be reviewing their claim and to present their case. A veteran disability lawyer can help decide whether the need for a personal hearing is justified, as well as prepare and present evidence at the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to submit a notice of disagreement within one year from the date when the local office gives you the initial denial letter. The VA will then review your case once more and prepare a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you fill out this form correctly to ensure it is effective in appealing the decision. You do not have to list every reason you do not agree with the VA's decision, but it is best to be specific in order to assist the VA determine what you think is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is not granted at this stage, you have another chance to review it by a senior reviewer in form of A Higher-Level Review. It could take as long as 25 months, and you should have your attorney at with you every step of the way. If the VA denies your claim, your attorney can request an appeal before a Veterans Law judge to present testimony and other evidence in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to make sure that veterans are compensated for their injuries, illnesses and conditions caused by their service. The VA is a big bureaucracy and it's not difficult to become lost. A veteran disability lawyer can guide you through the process and provide crucial assistance to those seeking assistance.

Once a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct an investigation into the case. This includes examining the laws, regulations and the evidence used in the original decision. It also involves examining the medical records of the veterans and in the event of a need 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 explain in a clear manner the reasoning behind the decision, including how it determined the law and regulations that affected the case. It should address all the claims made by the plaintiff in the NOD.

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