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

The process of submitting an application for benefits for veterans disability can seem overwhelming. The right veterans disability attorney will guide you from start to finish.

It is essential to choose a lawyer who restricts their practice to disability cases and exclusively handles those cases at each level of appeal. This will ensure you receive the most effective representation.

Appeals

If the VA denies a claim, or fails to approve benefits, it gives the veteran or or spouse who is surviving to appeal. It is a difficult and lengthy procedure that can be complicated even by the most simple disability claims. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

The most common reason people make a claim for disability is that they are unhappy with their disability status. In this instance, the lawyer can make sure that the evidence is sufficient to support a fair rating based on a debilitating condition caused or exacerbated by military service.

A lawyer for veterans may be needed by people who have not received their benefits. The lawyer can help determine what documents are missing and submit a request to the VA to obtain those documents.

A veterans disability attorney can also help you deal with the VA away from you. This will let you concentrate on your health and any other obligations you have. Some lawyers are veterans themselves which can give them a unique compassion for their clients. They also increase the stakes in their cases. This can make a big difference in the result 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 regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence provided in the original claim and then make a new decision. The senior reviewer has the option to either confirm or reverse the previous rating.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, but only one conference is permitted. For this meeting, it is important to prepare and present your case's information in a concise manner. A veterans disability attorney can help you prepare and take part in the informal conference.

Higher-level reviews can be used to correct mistakes by the previous reviewer on a disability case, such as mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter a prior decision on the same claim to correct these errors however only if the modifications are beneficial for the applicant.

The higher-level review can also result in a personal hearing for the claimant which is an opportunity to meet with the person who is reviewing the claim and present the arguments. A lawyer for san antonio veterans disability lawsuit can assist with determining whether or not it is necessary to request a private hearing, and with creating and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you can make a formal notice of disagreement within one year from the date on which the local office sends you the original denial letter. The VA will review the case again and create an Statement of Case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help you complete the form in a manner that is effective in contesting the decision. You do not have to list all the reasons you do not agree with the VA's decision, however, it is recommended to be specific in order to help the VA understand what you think is wrong. Your attorney can guide you on the evidence you should submit along with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage There is a second chance to have it reviewed by an experienced reviewer in the form of A Higher-Level Review. This process could take up to approximately 25 months. You should be with your attorney at every step. If the VA rejects your claim, veterans disability attorney your attorney can request an appearance before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions incurred during service. But the VA is a massive bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can help you navigate the process and provide crucial assistance for applicants.

The VA must examine the case after a veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations and evidence used in the initial decision. It also involves examining the medical records of the veteran and when necessary, lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all evidence that it has examined.

The statement should be in plain language and provide the reasoning for the decision, including the interpretation of the law and regulations affecting the case. It should address the issues made by the plaintiff in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of when the NOD was filed. However, due to the VA backlog the agency might take longer to issue the document. If you're a veteran who is appealing the decision of a rating agency or a claim for benefits, get in touch with a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.