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

The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability lawyer can assist you from start to finish.

It's important to find a lawyer who limits their practice to disability cases and only handles these cases at each level of appeal. This will ensure you receive the best representation.

Appeal

If the VA refuses to approve a claim or does not approve benefits, it gives the veteran, or his or spouse who survives to file an appeal. This is a complicated and time-consuming process that can be complicated even by the most straightforward 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 submit a claim for disability is that they are not satisfied with their disability rating. In this case, the lawyer can make sure that the evidence is in place to justify a proper rating based upon a disabling condition that is caused or exacerbated by military service.

A veterans disability lawyer may be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for the relevant records.

A veterans disability lawyer 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 have. Some attorneys are veterans, which can give them an unmatched compassion for their clients. 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 if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence as was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer can affirm or reverse the previous rating decision.

A veteran or their agent may ask for an informal meeting to discuss the case with the senior reviewer. However only one conference is permitted. At this meeting it is crucial to prepare and present your case's information in a clear manner. A veteran disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews can be utilized to correct errors made by the earlier reviewer in a disability case that result in mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these mistakes by changing the previous decision but only if it is in the claimant's best interest.

The more thorough review may result in a personal hearing for the applicant, which provides an opportunity to speak with those who are reviewing the claim and Vimeo present their arguments. A lawyer for veterans can assist in determining whether or not it's necessary to request a private hearing, as well as with preparation and presenting evidence at the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you can make a formal notice of disagreement within one year of the date on which the local office has sent you the initial denial letter. The VA will examine your claim once more and prepare an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a manner that is effective in contesting the decision. You do not have to list every reason you don't 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 help you decide what evidence to include with the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior judge through an Higher Level Review. It could take as long as 25 months, vimeo and you should have your attorney at all the procedure. If the VA continues to deny your claim, your lawyer may request a hearing to be conducted before an Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check when your claim is accepted.

Statement of the Case

Congress has written extensive laws to ensure that veterans disability law firm receive compensation for ailments, injuries and illnesses incurred during service. However, the VA is a huge bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability attorney can guide you through the process and provide crucial assistance for claimants.

The VA must review the case after a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the laws, regulations and evidence used in 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 the Case that includes a list of all the evidence it has reviewed.

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

The Statement of the Case is typically mailed to the veteran within 120 days of the date that the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the document. If you're a veteran appealing a decision on your rating or claim for benefits, please contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.