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

The process of submitting an application for benefits for veterans disability can appear overwhelming. A veterans disability lawyer can guide you through the process.

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

Appeals

If the VA denies a claim or fails to accept benefits, it permits the veteran or his or spouse who is surviving to file an appeal. This is a lengthy and lengthy process that could be complicated even with the most straightforward disability claims. A veteran disability lawyer can assist you in understanding the options available to you and get the benefits you deserve.

A common reason why people file a claim for disability is because they are unhappy with their disability rating. In this situation a lawyer can be sure that there is enough evidence to back the appropriate rating for a condition that is caused or made worse by military service.

Another reason for people to require a veteran disability lawyer is that they've waited too long for benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for those records.

Having a veterans disability lawyer can 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. Certain attorneys are veterans and this can result in a unique empathy 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) provides jacksonville veterans disability law firm with more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence presented in the original claim and then make a new decision on the case. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their agent may arrange for an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is allowed. It is important to be prepared and be able to present your case in a concise way at this conference. A veterans disability attorney can help you prepare and take part in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the previous reviewer on a disability case which could include not interpreting evidence correctly or making mistakes in the law. Senior reviewers are able to correct these mistakes by changing the previous decision, but only when it is in the best interest of the claimant.

The higher-level review can also lead to a personal hearing for the claimant which provides an opportunity to talk to the person who is reviewing the claim, and explain their arguments. A lawyer who is a veteran can help you determine whether it is required to request a personal hearing, as well as with preparing and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued an assessment, you may file a written notice of disagreement within one year from the date on which the local office gives you the initial denial letter. The VA will review the claim again and prepare a Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You don't have to list all the reasons you do not agree with the VA's decision however, it is recommended to be specific in order to assist the VA know what you believe is wrong. Your attorney can help you decide the evidence you should include in the NOD. This could be statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage, then you can request that it be reviewed by a senior reviewer through an Higher Level Review. This can take up to 25 months, and it is important to have your attorney by your side throughout the way. If the VA denies your claim, your lawyer can request an appearance before a Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed a number of laws to ensure alcoa bowling green veterans disability attorney disability law firm (vimeo.com) receive compensation for injuries, illnesses and conditions they've endured during their time of service. However the VA is a huge bureaucracy, and it's easy to get lost in the system. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the assistance they need.

The VA must examine the case once the veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations and the evidence used to make the initial decision. This includes looking over the medical records of the veteran as well as at times, lay statements. The VA must send the claimant a Statement of the Case that includes a list of all evidence it examined.

This statement should be in plain language and explain the reasoning of the decision, which should include the interpretation of the regulations and laws that affect the case. It should address the issues made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. Due to the VA backlog, it could take the agency longer to issue the statement. If you're a veteran attempting to appeal the decision of a rating agency or a claim for benefits, please contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.