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

The process of submitting an application for veterans disability benefits can seem overwhelming. The right veterans disability attorney can guide you from start to finish.

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

Appeals

When the VA denies or does not approve a claim, the veteran or the surviving spouse may appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veteran disability lawyer can assist you in understanding your options and help you get the benefits you deserve.

One of the main reasons people are required to submit an application for disability benefits is that they are not content with their disability status. In this case lawyers can make sure there is enough evidence to support the appropriate rating due to a condition caused or aggravated by military service.

Another reason for people to require a veteran disability lawyer is that they have been waiting too long for benefits. The lawyer can assist in determining what documents are missing, and then make a request for these records to the VA.

A lawyer for orlando veterans disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, and any other obligations you might have. Some lawyers are veterans themselves and this can provide them a unique compassion for their clients. They also create a deeper investment in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the morristown veterans disability Law firm Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options 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 as in the original claim and then make a new decision. The senior reviewer can either affirm or reverse the previous decision to rate.

The veteran or their representative can ask for an informal conference with the senior reviewer to discuss the case, but only one of these conferences is permitted. For this meeting, it is important to prepare and present your case facts in a clear way. A veterans disability attorney can assist you in preparing and take part in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer may alter an earlier decision on the same claim in order to correct these kinds of mistakes but only if the modifications are beneficial to the applicant.

A personal hearing can also be arranged for the claimant in the wake of the review at a higher level. This is an opportunity for the applicant to meet with the person who is reviewing their claim and explain the arguments. A veteran disability lawyer can help determine whether or not a personal hearing is needed and can also prepare and present the evidence for the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office received the original denial letter. The VA will review your case again and prepare a Statement of the Case.

To file a disagreement, you should use VA Form 21-958. A disability lawyer can help to fill out the form correctly so that it is effective in contesting 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 assist the VA know what you believe is wrong. Your attorney can assist you in deciding what evidence to include with the NOD. This could include statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this point, you can have it re-examined by a senior reviewer through a Higher Level Review. This process could take as long as 25 months and you should be in contact with your attorney at every step. If the VA continues to deny your claim, your lawyer can request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for injuries, illnesses and other ailments they've suffered during their time of service. The VA is a huge bureaucracy and it's easy to be lost. A veteran disability lawyer can help navigate the process and provide crucial assistance to applicants.

If a veteran files a Notice of Disagreement with his her local VA office, the agency must conduct an examination of the case. This includes looking at the laws, regulations and evidence used to make the original decision. It also involves examining the medical records of the veteran as well as, if needed, 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 in plain language and explain the reasoning of the decision, which should include the interpretation of the regulations and laws which affect the case. It should address the issues made by the plaintiff in the NOD.

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