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

The process of getting Veterans Disability Law Firms disability benefits can be a challenge. A veteran disability lawyer can guide you through the process.

It's important to choose a lawyer who restricts their law practice to disabilities and only handles these cases at each level of appeal. This will ensure you receive the most effective representation.

Appeal

When the VA refuses to approve a claim or fails to accept benefits, it permits the veteran, or his or spouse who survives to appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veteran disability lawyer can assist you in understanding your options and help you get the benefits you deserve.

One common reason that people need to declare an claim for disability is because they are not satisfied with their disability status. In this case a lawyer can be sure that there is enough evidence to justify an appropriate rating due to a condition that is caused or worsened by military service.

Another common reason for people to seek out a veterans disability lawyer is because they've been waiting for too long to receive benefits. The lawyer can help determine what documents are missing, and then make an application for these records to the VA.

Having a veterans disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will allow you the time to concentrate on your health, and any other obligations you have. Some attorneys are veterans, and this can create an exceptional compassion for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Since the veterans disability attorneys Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits a senior reviewer to examine the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer can choose to either reverse or confirm the previous rating.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one conference is allowed. At this meeting it is essential to prepare and present your case's details in a clear manner. An attorney who specializes in veterans ' disability can help you prepare and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes by the earlier reviewer in the case of a disability claim that result in mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by changing the previous decision however only when it is in the best interests of the claimant.

A personal hearing may be scheduled for the claimant as a result of the review at a higher-level. This is a chance for the claimant to meet with the person who will be reviewing their claim and to present their case. A veteran disability lawyer can assist in determining whether the need for a personal hearing is justified and prepare and present the evidence at the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you can submit a notice of disagreement within one year from the date that the local office has sent you the original denial notice. The VA will review the claim again and create an Statement of the Case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. It is not necessary to list all the reasons you do not agree with the VA's decision but it is advisable to be specific and help the VA know what you believe is wrong. Your attorney can help you determine the evidence you should include in the NOD. These could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is rejected at this stage You have a second chance to be reviewed by an experienced reviewer in form of a Higher-Level review. This process could take as long as up to 25 months, and you should be with your lawyer throughout the process. If the VA rejects your claim, your lawyer may request an appearance before an Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for their ailments, injuries and illnesses incurred during service. But the VA is a huge bureaucracy and it's easy to become lost in the system. A veteran disability attorney can guide you through the process and provide crucial assistance for those who are seeking benefits.

The VA must review the case following the time a veteran has filed a Notice of Dispute with the local VA office. This includes looking at the regulations, laws and evidence used in making the original decision. This includes looking over the veteran's medical record and, if necessary lay statements. The VA must provide the claimant with an official statement of case which contains a list of evidence it has analyzed.

This statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the regulations and laws relevant to the case. It should address all the arguments made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was sent. Due to the VA backlog it may take longer for the agency to issue the document. If you're a veteran appealing an appeal of a rating decision or claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.