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

The process of applying for veterans disability benefits can appear overwhelming. A veteran disability lawyer can guide you through the procedure.

It's essential to find a lawyer who has a limit on their law practice to disability cases and only handles these cases at every stage of appeal. This ensures that you're getting the best representation.

Appeal

If the VA denies or does not approve a claim, either the spouse of the deceased can appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veteran's disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason why people have to declare an application for disability benefits is that they are not content with the disability rating they have received. In this case, the lawyer can ensure that all the evidence is in place to support an appropriate rating based upon a disabling condition caused by or aggravated by military service.

A veterans disability lawyer may be needed by those who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents, and then make an inquiry for these records to the VA.

A garwood veterans disability law firm disability attorney can also alleviate the burden of dealing with the VA away from you. This allows you to focus on your health and other responsibilities that you may have. Certain attorneys are dover veterans disability lawyer and this can create an unmatched empathy for their clients. This could make a significant difference in the result 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 do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence presented in the original claim, and make a fresh decision. The senior reviewer has the choice to either confirm or reverse the previous rating.

A veteran or their representative could arrange for an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. It is essential to be prepared and be able to present the facts of your case in a concise manner at this time. An attorney who is specialized in veterans disability can help you prepare and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of a disability claim. For instance, if the earlier reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct the errors by changing the previous decision but only if it is beneficial to the claimant's interests.

The higher-level review can also lead to a personal hearing for the applicant, which provides an opportunity to meet with the person who will be reviewing the claim and to explain their arguments. A veterans disability lawyer can help you determine whether or not it's necessary to request a private hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

You may file a complaint within one-year of the date the local office issued the original denial letter. The VA will review your case once more and draft an official statement of the case.

You must utilize 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 need to list every reason that you disagree with the decision. However it is recommended to be specific so that the VA knows exactly what you believe to be incorrect. Your attorney can advise you on what evidence to submit to support the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point You have a second chance to have it reviewed by an experienced reviewer in the form of a Higher-Level Review. This can take up to 25 months, and you should have your attorney at your side throughout the way. If the VA still denies your claim, your lawyer may request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for injuries, illnesses and conditions that they suffer during their service. However, the VA is a huge bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can assist claimants navigate the system and provide the much-needed assistance.

If a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct a review of the case. This includes examining the regulations, laws, and the evidence used to make the initial decision. This includes reviewing the medical records of the veteran and, if necessary lay statements. The VA must provide the applicant with an Statement of Case which includes a list with evidence that it has examined.

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

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was received. 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 veteran appealing a decision on an assessment or claim for benefits.