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 can help you navigate it from start to finish.

It is essential to find a lawyer who has a limit on their law practice to disabilities and only handles these cases at all levels of appeal. This will ensure that you get the best legal representation.

Appeal

If the VA denies a claim, or does not approve benefits, it gives the veteran or or spouse who survives to file an appeal. This is a complex and lengthy procedure that can be complicated even for the most simple disability claims. A veterans disability lawyer can help you understand all your options and secure the benefits you deserve.

A common reason why people submit a claim for disability is because they are dissatisfied with their disability rating. In this situation, the lawyer can make sure that the evidence is in place to support a valid rating based on a debilitating condition caused or exacerbated by military service.

A st joseph veterans disability law firm disability lawyer may be required by those who have had to wait too long for their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for the relevant records.

A lawyer for veterans will also help you get rid of the burden of dealing directly with the VA. This allows you to focus on your health and other obligations that you may have. Certain attorneys are veterans and this can create an innate empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the wood river veterans disability lawyer Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence as in the original claim and then make a new decision. The senior reviewer is able to affirm or reverse the previous rating decision.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, however, only one of these conferences is allowed. At this conference it is important to prepare and present your case's details clearly. A veteran disability attorney can help you prepare for and participate in the informal conference.

Higher-level reviews are often used to correct errors made by the reviewer who was earlier in a disability claim for example, mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only if it is beneficial to the claimant's interests.

The higher-level review can also lead to a personal hearing for the claimant, which is an opportunity to connect with the person who is reviewing the claim and present the arguments. A veterans disability attorney can help determine whether or not a personal hearing is needed and can also prepare and present evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to submit a notice of disagreement within one year from the date when the local office has sent you its original denial letter. The VA will then review your case once more and draft a Statement of the Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you complete the form in a manner that is effective in appealing the decision. You do not have to list every reason you disagree with the VA's decision, but it is best 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 include statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage 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 it is important to have an attorney on with you every step of the process. If the VA continues to deny your claim, your lawyer could request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for their injuries, illnesses, and other conditions incurred during service. The VA is a huge bureaucracy and it's easy to get lost. A veteran disability lawyer can assist in navigating the process and offer much-needed assistance for claimants.

When a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an examination of the case. This includes looking at the regulations, laws and evidence used in making the original decision. Also, it involves looking over the medical records of the veteran and in the event of a need, lay statements. The VA must provide the claimant with a Statement of Case, which includes a list of evidence it has analyzed.

This statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the regulations and laws which affect the case. It should address all contentions the claimant raised in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date the NOD was filed. However due to the VA backlog, the agency may take longer to issue this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on the amount of your rating or a claim for benefits.