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

The process of obtaining veterans disability benefits can be a challenge. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It's important to locate a lawyer that limits their law practice to disabilities and only handles these cases at every level of appeal. This will ensure you receive the most effective representation.

Appeal

When the VA decides to deny or not accept a claim, the spouse of the deceased or veteran can appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. An attorney for veterans disability law can assist you in understanding your options and obtain the benefits you deserve.

A common reason people file a claim for disability is that they are unhappy with their disability status. In this instance a lawyer can be sure there is enough evidence to justify the proper rating in light of a condition that was caused or aggravated by military service.

Another common reason for people to seek out a veterans disability lawyer is because they've been waiting too long to get their benefits. The lawyer can assist in determining what documents are missing and then submit an inquiry for these records to the VA.

A lawyer for veterans disability attorneys can also relieve you of the burden of dealing directly with the VA. This will let you concentrate on your health and other obligations you might have. Some lawyers are veterans, which can give them an exceptional empathy for their clients. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Since the veterans disability lawyers 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 is a decision review option that allows the senior reviewer to look at the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer can either confirm or reverse the previous rating decision.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, but only one such conference is permitted. It is crucial to be prepared and present your case in a clear manner at this meeting. A veterans disability compensation disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the previous reviewer in a disability case that result in mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter a prior veterans disability attorney decision on the same claim to rectify these errors, but only if those modifications are beneficial for the applicant.

A personal hearing may be scheduled for the claimant as a result of the review at a higher level. This provides those seeking to be heard by the person who is reviewing their case and to present their case. A veterans disability lawyer can help you determine whether or not it is required to request a personal hearing, as well as preparation and presenting evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to make a formal notice of disagreement within one year of the date when the local office gives you the original denial notice. The VA will then review your claim once more and draft a Statement of Case.

To file a complaint to file a dispute, you must use VA Form 21-958. A disability attorney can assist you complete the form in a manner that is effective in contesting the decision. It is not necessary to list all the reasons you don't 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 decide 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, then you can have it reviewed by a senior judge through a Higher Level Review. This process can take about 25 months and you must be with your attorney at every step. If the VA rejects your claim, your attorney can request an appointment with an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed many laws to ensure that veterans disability lawyers receive compensation for injuries, illnesses and other ailments they've suffered during their service. The VA is a massive bureaucracy, veterans disability attorney and it's easy to be lost. 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 to his or local VA office, the agency must conduct an examination of the case. This includes looking into the laws, regulations and evidence used to make the initial decision. This includes reviewing the medical record of the veteran as well as in the event of a need, lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all evidence it has studied.

This statement should explain 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 the 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. Due to the VA backlog, it could take the agency longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding the basis of a rating or a claim for benefit.