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

The process of getting veterans disability benefits can be overwhelming. The right Veterans Disability Law Firms disability attorney can guide you from start to finish.

It is essential to choose an attorney who practices disability law and handles these cases at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeal

When the VA denies a claim or fails to approve benefits, it allows the veteran or his her surviving spouse to appeal. This is a complex and lengthy procedure that can be complicated even with the most simple disability claims. A veterans disability lawyer can help you understand all your options and secure the benefits you deserve.

A common reason people file a claim for disability is because they are unhappy with their disability rating. In this case, the lawyer can ensure that the evidence is there to justify a proper rating based on a disability condition that was caused or worsened by military service.

Another reason that people tend to require a veteran disability lawyer is that they've been waiting too long for benefits. The lawyer can help determine the missing documents and submit a request the VA to obtain those documents.

A veterans disability lawyer can help you deal with the VA away from you. This will allow you to concentrate on your health and other responsibilities that you may have. Certain attorneys are veterans themselves which can give them a unique type of empathy with their clients and give them a greater stake in their cases. This can make a huge difference in the outcome 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 procedure that allows an experienced reviewer to examine the same evidence presented in the original claim and make a fresh decision. The senior reviewer can either affirm or reverse the previous decision to rate.

A veteran or their representative can arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. It is crucial to be prepared and present your case in a clear manner at this time. A veterans disability attorney can assist you in preparing for and take part 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 committed mistakes in the law. Senior reviewers can correct these errors by reversing a previous decision but only if it is in the best interests of the claimant.

A hearing at a personal level can be arranged for the claimant as a consequence of the higher-level review. This provides those seeking to be heard by the person who is reviewing their case and present their arguments. A lawyer who is a veteran can assist with determining whether or not it's necessary to request a private hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

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

To file a disagreement, you should use VA Form 21-958. A disability attorney can help to fill out the form correctly to ensure it is effective in appealing the decision. It is not necessary to list every reason why you are not with the decision; however it is recommended to be specific in order that the VA is aware of what you believe to be wrong. Your attorney can guide you on the kind of evidence to include in the NOD for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage If you are denied, you can try again to have it reviewed by an experienced reviewer in the form of an Higher-Level Review. This could take up to 25 months, and you should have your attorney at your side every step of the way. If the VA rejects your claim, your attorney can request a hearing before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for illnesses, injuries and ailments they've experienced during their time of service. The VA is a massive bureaucracy and it's not difficult to become lost. A veteran disability lawyer can assist in navigating the process and provide crucial assistance to applicants.

If a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct an investigation into the case. This includes reviewing the laws, regulations, and the evidence used in the initial decision. This includes reviewing the veteran's medical record and, if necessary, lay statements. The VA must provide the claimant with the Statement of Case which includes a list of evidence that it has examined.

The statement should state in clear language the reasoning behind the decision, and how it decided to interpret the laws and regulations that affected the case. It should address all arguments made by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. However, due to the VA backlog, the agency may delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding an assessment or claim for benefit.