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

The process of applying for benefits from veterans disability may appear overwhelming. The right veterans disability attorney can assist you from beginning to end.

It is essential to find a lawyer who has a limit on their law practice to disabilities and only handles these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA refuses to approve a claim or fails to approve benefits, it allows the veteran, or his or her surviving spouse to file an appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason why people have to submit a disability claim is because they are not satisfied with their disability rating. In this instance a lawyer can be sure that there is enough evidence to justify a rating that is appropriate based on a condition caused or aggravated by military service.

Another reason that people tend to need a veterans disability lawyer is because they've been waiting too long to get their benefits. The lawyer can help determine the missing documents and then submit a request to the VA for the relevant records.

A lawyer for veterans' disability can also ease the burden of dealing directly with the VA. This will allow you the time to focus on your health, and any other obligations you might have. Some lawyers are veterans themselves which can give them a unique compassion for their clients. They also give them a greater stake in their cases. This could make a significant 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 regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence presented in the original claim and then make a new decision. The senior reviewer can choose to either confirm or reverse the previous rating.

The individual or the representative of the veteran can ask for an informal conference with the senior reviewer to discuss the case, however, only one such conference is allowed. At this conference, it is important to prepare and present your case facts in a concise manner. A veterans disability attorney can help you prepare and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For example, if the earlier reviewer misinterpreted evidence or made errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision but only if it is beneficial to the claimant's interests.

The more extensive review can result in a hearing for the claimant, which provides an opportunity to connect with the person who is reviewing the claim and present the arguments. A veterans disability lawyer can assist with determining whether or not it's necessary to request a personal hearing, and with creating and presenting evidence at the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office issued the original denial letter. The VA will review your claim again and issue a Statement of the Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't need to list every reason why you disagree with the decision. However it is best to be specific so that the VA understands what exactly you believe to be incorrect. Your attorney can help you determine which evidence to include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this stage, you have another chance to review it by a senior reviewer in the form of a Higher-Level review. This can take up to 25 months, and you should have an attorney on your side every step of the way. If the VA rejects your claim, your attorney may request an appeal before an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check if your claim is awarded.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for veterans disability attorney injuries, illnesses, and other conditions that they suffer during their service. However the VA is a massive bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can help you navigate the process and offer much-needed assistance to those who are seeking benefits.

If a veteran files a Notice of Disagreement with his or her local VA office, the VA must conduct a review of the case. This includes examining the regulations, laws and the evidence used to make the initial decision. This includes reviewing the medical records of the veteran and in the event of a need lay statements. The VA must provide the claimant with a Statement of the Case, which contains a list of all the evidence it has studied.

The statement should be written simple and clear, and also explain the reasoning behind the decision, as well as the interpretation of the laws and regulations that affect the case. It should address the issues made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the statement. If you are a veteran seeking to appeal the decision of a rating agency or a claim for veterans disability attorney benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.