How a veterans disability law firms Disability Attorney Can Help You Get the Benefits You Deserve

The process of obtaining veterans disability benefits can be a challenge. A veterans disability lawyer can guide you through the procedure.

It's crucial to locate a lawyer that limits their law practice to disability cases and only handles these cases at each level of appeal. This ensures that you're getting the best representation.

Appeal

If the VA denies or does not consider a claim, the spouse of the deceased may appeal. This is a complicated and time-consuming process that can be complicated, even for the most simple disability claims. An attorney for veterans can help you understand your options and help you get the benefits you deserve.

The most common reason people have to declare an claim for disability is because they are not content with their disability ratings. In this instance a lawyer can be sure there is enough evidence to justify a rating that is appropriate due to a condition caused or aggravated by military service.

Another reason that people tend to seek out a veterans disability lawyer is because they have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA to obtain those documents.

The help of a veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This allows you to concentrate on your health and Veterans Disability Lawyer any other obligations you have. Some attorneys are veterans, and this may result in an innate empathy for their clients. 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) allows veterans to have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows senior reviewers to review the same evidence presented in the original claim, and then make an entirely new decision in the case. The senior reviewer is able to either affirm or reverse the previous rating.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, however, only one such conference is permitted. In this meeting it is essential to prepare and present your case facts clearly. A veterans disability attorney can help you prepare for and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of the disability claim. For example when the previous reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer can change a prior decision on the same claim in order to rectify these errors however only if those changes are beneficial to the applicant.

The higher-level review can also result in a private hearing for the applicant, which provides an opportunity to meet with the person who is reviewing the claim and explain their arguments. A lawyer for veterans disability can assist in determining whether it is required to request a personal hearing, as well as creating and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you can file a written notice of disagreement within one year from the date that the local office mails you its original denial letter. The VA will review the claim again and issue a Statement of the Case.

To file a complaint with the VA, you should fill out VA Form 21-958. A disability lawyer can help complete this form correctly so that it is effective in appealing the decision. It is not necessary to list all the reasons you don't agree with the VA's decision but it is important to be specific in order to assist the VA determine what you think is wrong. Your attorney can help you about the type of evidence you can submit in the NOD for example, statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point If you are denied, you can try again to be reviewed by an experienced reviewer in the form of an Higher-Level Review. This process could take as long as up to 25 months, and you should be in contact with your lawyer throughout the process. If the VA continues to deny your claim, your lawyer can request a hearing to be held before an Veterans Law Judge to present evidence and testimony 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 make sure that veterans are compensated for their injuries, illnesses and other ailments incurred during service. The VA is a huge bureaucracy and it's not difficult to be lost. A veteran disability lawyer can help those seeking assistance navigate the system and offer the much-needed assistance.

If a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct an investigation into the case. This includes examining the regulations, laws and evidence used in making the original decision. This includes reviewing the medical records of the veteran as well as, if necessary, lay statements. The VA must provide the applicant with the Statement of Case that includes a list of evidence that it has reviewed.

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

The Statement of the Case is typically sent to the veteran within 120 days from the date on which the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding an assessment or claim for benefits.