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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can assist you from beginning to end.

It's essential to choose a lawyer who restricts their law practice to disability cases, and only handles these cases at all levels of appeal. This helps ensure you'll be receiving the best representation.

Appeal

When the VA denies a claim or fails to accept benefits, it permits the veteran or his or spouse who survives to file an appeal. This is a lengthy and time-consuming process that can be complicated even by the simplest disability claims. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

One of the main reasons people are required to declare an claim for disability is because they are unhappy with their disability status. In this case, the lawyer can ensure that all the evidence is in place to support a fair rating based on a disabling condition that is caused or exacerbated by military service.

A lawyer for veterans disability law firms may be required by those who have not received their benefits. The lawyer can help determine what documents are missing, and then make a request for these records to the VA.

A lawyer for veterans will also help you get rid of the burden of dealing directly with the VA. This will allow you to concentrate on your health and any other responsibilities that you may have. Some lawyers are veterans and this can result in an unmatched compassion for their clients. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans 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 look at the same evidence that was presented in the original claim, and make a fresh determination. The senior reviewer can affirm or reverse the previous decision to rate.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. It is essential to be prepared and present the facts of your case in a clear manner at this meeting. A veterans disability attorney can help you prepare for and take part in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of an appeal for disability. For instance in the event that the previous reviewer misinterpreted evidence or made errors in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision however only if it is in the best interests of the claimant.

The higher-level review can also result in a personal hearing for the claimant, which gives the claimant an opportunity to speak with the person reviewing the claim, and explain their arguments. A lawyer who is a veteran can help you determine whether it is necessary to request a private hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may submit a notice of disagreement within one year of the date on which the local office mails you the original denial notice. The VA will review your case again and create a Statement of the Case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability attorney can assist to fill out the form in a manner that is effective in appealing the decision. You don't have to include every reason that you disagree with the decision. However it is best to be specific in order that the VA is aware of what you believe is incorrect. Your attorney can help you decide what evidence to include with the NOD. This could include statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point There is a second chance to review it by a senior reviewer in the form of a Higher-Level Review. This process can take about 25 months and you must be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer could request that a hearing be held before a Veterans Law Judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for injuries, illnesses and conditions they've endured during their service. The VA is a big bureaucracy and it's easy to get lost. A veteran disability lawyer can help you navigate the process and offer much-needed assistance for those seeking assistance.

If a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct a review of the case. This includes examining the regulations, laws and the evidence used to make the original decision. This includes reviewing the veteran's medical record and in the event of a need lay statements. The VA must provide the claimant with an Statement of Case that includes a list of evidence that it has examined.

This statement should describe in plain language the reasoning behind its decision, including how it interprets the laws and regulations that affected the case. It should address the allegations that the claimant has made in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date that the NOD was filed. However, due to the VA backlog the agency might delay the release of the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over an assessment or claim for benefit.