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

The process of getting veterans disability benefits can be a challenge. A veteran disability lawyer can help you navigate the process.

It is essential to locate an attorney who practices disability law and handles these cases at all levels of appeal. This will ensure that you're receiving the best representation.

Appeal

If the VA refuses or fails to approve a claim, either the veteran or the surviving spouse can appeal. Even the most basic disability claim can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can assist you in understanding the options available to you and obtain the benefits you deserve.

The most common reason people need to make a disability claim is that they are not happy with the disability rating they have received. In this case, a lawyer can make sure that the evidence is in place to support a fair rating based on a disability condition caused or exacerbated by military service.

A veteran disability lawyer might be needed by those who have had to wait too long for their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for those records.

A veterans disability law firms disability lawyer can alleviate the burden of dealing with the VA away from you. This will give you the time to focus on your health, as well as any other responsibilities you may have. Some attorneys are veterans, and this may result in a unique compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the veterans disability law firms 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 option is a decision-review option that permits an experienced reviewer to look at the same evidence as in the original claim, and make a fresh decision. The senior reviewer is able to affirm or reverse the previous rating decision.

A veteran or their representative can request an informal meeting to discuss the case with the senior reviewer. However, only one conference is permitted. It is important to be prepared and provide the facts of your case in a clear way at this conference. An attorney for veterans can assist you in preparing for and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the earlier reviewer in an appeal for disability, such as misinterpreting evidence or making errors in the law. Senior reviewers are able to correct these mistakes by changing the previous decision but only if it is in the claimant's best interest.

A hearing at a personal level can be arranged for the claimant in the wake of the higher-level review. This is a chance for those seeking to be heard by the person who will be reviewing their claim and present their arguments. A veteran disability attorney can help determine whether or not the need for a personal hearing is justified and prepare and present evidence for the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year of the date that the local office has sent you its original denial letter. The VA will review the claim again and issue a Statement of Case.

To file a complaint, you should use VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal the decision. It is not necessary to list all the reasons you disagree with the VA's decision but it is advisable to be specific to help the VA understand what you think is wrong. Your attorney can help you on what evidence to submit along with the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed by a senior judge through a Higher Level Review. This process can take up to 25 months, and you should be in contact with your attorney at every step. If the VA refuses to accept your claim, your lawyer could request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries, and ailments they've experienced during their time of service. But, the VA is a massive bureaucracy, and it's easy to get lost in the maze of regulations. A veteran disability attorney can help navigate the process and offer much-needed assistance to those seeking assistance.

When a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct a review of the case. This involves examining the regulations, laws and the evidence used to make the original decision. It also includes examining the veteran's medical records and, if needed lay statements. The VA must send the claimant a Statement of Case that includes a list of all evidence it looked over.

This statement should describe in clear language the reasoning behind the decision, including how it interpreted the laws and regulations that impacted the case. It should address the issues made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. However due to the VA backlog and backlog, the agency could take longer to issue the document. If you're a veteran who is appealing a decision on your rating or claim for benefits, please contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.