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

The process of submitting an application for veterans disability law firms disability benefits may seem overwhelming. A veterans disability lawyer can help you navigate the procedure.

It's important to locate a lawyer that limits their law practice to disability cases, and only handles these cases at each level of appeal. This will ensure that you get the best legal representation.

Appeal

If the VA refuses or fails to consider a claim, the spouse or the veteran who is surviving can file an appeal. It is a difficult and lengthy process that can be complicated even for the most simple disability claims. A veteran disability lawyer can help you understand the options available to you and help you get the benefits you deserve.

A common reason for people to declare a disability claim is that they are unhappy with their disability rating. In this case, a lawyer can make sure that the evidence is sufficient to support a valid rating based on a disabling condition caused by or aggravated by military service.

A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are not available, and then submit an inquiry for these records to the VA.

The help of a veterans disability attorney can also take the burden of dealing with the VA away from you. This will give you time to focus on your health and any other obligations you might have. Some lawyers are veterans and this can result in 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 when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to review the same evidence presented in the original claim and make an additional decision on the case. The senior reviewer can affirm or reverse the previous decision to rate.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, but only one such conference is permitted. It is crucial to be prepared and present the facts of your case in a clear manner at this meeting. An attorney who is specialized in the field of disability for veterans can help you prepare for and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of the disability claim. For instance when the previous reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer may alter a prior decision on the same claim to correct these mistakes however only if the modifications are beneficial to the claimant.

The more thorough review may result in a private hearing for the applicant, which provides an opportunity to talk to the person who will be reviewing the claim and present the arguments. A lawyer who is a veteran can assist with determining whether it is necessary to request a private hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office mailed you the initial denial letter. The VA will examine your claim again and issue a Statement of the Case.

If you want to file a dispute for a disagreement, you should file VA Form 21-958. An attorney for veterans disability law Firms disabled people can help to fill out the form in a way that is effective in contesting the decision. You don't have to include every reason you don't agree with the decision; however it is recommended to be specific in order that the VA can understand exactly what you believe to be wrong. Your attorney can advise you on the kind of evidence to include to support the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it re-examined by a senior reviewer through a Higher Level Review. This could take up to 25 months, and you must have an attorney on your side every step of the way. If the VA refuses to accept your claim, your lawyer may request a hearing to be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for injuries, illnesses and other ailments they've suffered during their service. The VA is a massive bureaucracy and it's easy for people to get lost. A veteran disability attorney can guide you through the process and provide vital assistance for claimants.

The VA must review the case following the time the veteran has filed a Notice of Dispute with the local VA office. This includes examining the laws, regulations, and evidence used in the initial decision. This includes looking over the veteran's medical record and in the event of a need, lay statements. The VA must provide the claimant with an official statement of case which includes a list with evidence that it has reviewed.

This statement should be in plain language and provide the reasoning behind the decision, including the interpretation of the law and regulations which affect the case. It should address the allegations that the claimant has made in his or her 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 the agency longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding the amount of your rating or veterans disability law firms a claim for benefits.