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

The process of submitting an application for veterans disability benefits can be overwhelming. The right veterans disability attorney (site) can help you navigate it from start to finish.

It's important that you locate an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeal

If the VA refuses to approve a claim or fails to approve benefits, it allows the veteran or his or the spouse who died to appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

One of the main reasons people need to declare a disability claim is because they are not satisfied with the disability rating they have received. In this instance, the lawyer can make sure that the evidence is there to support a fair rating based on a disabling condition that was caused or worsened by military service.

Another common reason for people to need a veterans disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can assist in determining what documents are missing and then submit the request for these documents to the VA.

A lawyer for veterans can also ease the burden of dealing directly with the VA. This will let you concentrate on your health and any other responsibilities that you may have. Certain attorneys are veterans and this can create a unique compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the veterans disability lawyers Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence provided in the original claim and make a new determination. The senior reviewer is able to affirm or Veterans Disability Attorney reverse the previous rating decision.

A veteran or their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. It is important to be prepared and explain your case in a clear manner during this meeting. A veterans disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews can be used to correct errors made by the previous reviewer on a disability claim, such as misinterpreting evidence or making errors in the law. Senior reviewers can correct these mistakes by changing a previous decision, but only when it is in the best interest of the claimant.

The more thorough review may lead to a personal hearing for the claimant, which gives the claimant an opportunity to talk to the person who is reviewing the claim and to explain the arguments. A lawyer who is a veteran can help determine whether it is required to request a personal hearing, and with creating and presenting evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office received the initial denial letter. The VA will then review your claim again and prepare a Statement of the Case.

In order to file a disagreement for a disagreement, you should file VA Form 21-958. An attorney for disabled people can help you fill out this form in a manner that is effective in appealing the decision. You do not have to list all the reasons you do not agree with the VA's decision but it is advisable to be specific in order to help the VA understand what you think is wrong. Your attorney can help you decide which evidence to include in the NOD. This could be statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage You have a second chance to get it reviewed by an experienced reviewer in the form of a Higher-Level Review. This could take anywhere from 25 months, and you should have your attorney at your side throughout the way. If the VA denies your claim, your attorney can request an appointment with an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for injuries, illnesses, and other conditions suffered during service. The VA is a big bureaucracy and it's easy for people to be lost. A veteran disability lawyer can help navigate the process and provide crucial assistance to those seeking assistance.

The VA must review the case following the time the veteran has filed an official Notice of Dispute with the local VA office. This includes looking at the laws, regulations and evidence used in making the original decision. This includes reviewing the medical records of the veteran and when necessary lay statements. The VA must send the claimant a Statement of the Case which includes a listing of all evidence that it has examined.

The statement should outline in a clear manner the reasoning behind the decision, and how it interpreted the laws and regulations that impacted the case. It should address all the arguments made by the claimant in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. However, due to the VA backlog and backlog, the agency could take longer to mail this document. If you are a veteran who is appealing a decision on your rating or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.