How a veterans disability law firm Disability Attorney Can Help You Get the Benefits You Deserve

The process of applying for veterans disability benefits may be overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It's important to locate a lawyer that limits their practice to disability cases and exclusively handles those cases at every level of appeal. This will ensure that you're receiving the best representation.

Appeal

When the VA refuses or fails to approve a claim, the spouse of the deceased can file an appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can help you understand all of your options and secure the benefits you deserve.

One common reason that people declare a disability claim is because they are not content with their disability ratings. In this instance, a lawyer can make sure that there is enough evidence to support an appropriate rating for a condition that is caused or made worse by military service.

A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing and then make a request for these records to the VA.

A veterans disability lawyer 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 obligations you might have. Certain attorneys are veterans themselves, and this can give them a unique form of compassion for their clients and make them more invested in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows senior reviewers to examine the same evidence that was presented in the original claim, and then make a new decision on the case. The senior reviewer may affirm or reverse the previous rating decision.

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

The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For instance, if the earlier reviewer misinterpreted evidence or made errors in the law. The senior reviewer can alter an earlier decision on the same claim to correct these errors, but only if those changes are beneficial to the claimant.

A personal hearing can also be arranged for the claimant in the wake of the review at a higher level. This gives the claimant to meet with the person who will be reviewing their claim and discuss their arguments. A veterans disability lawyer can help you determine whether it's necessary to request a private hearing, and with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You may file a complaint within one-year of the date the local office sent you the initial denial letter. The VA will examine your claim again and create an official statement of the case.

You must utilize VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help complete this form in a manner that is effective in contesting the decision. You don't have to list every reason why you are not with the decision; however it is best to be specific in order that the VA knows exactly what you believe to be wrong. Your attorney can provide guidance on the evidence you should submit along with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage, then you can request that it be reviewed by a senior judge through a Higher Level Review. This process could take as long as approximately 25 months. You should be with your attorney throughout the process. If the VA rejects your claim, your lawyer may request a hearing before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for injuries, illnesses, and other conditions that they suffer during their service. But the VA is a massive bureaucracy that is easy to be lost within the system. A veteran disability lawyer can assist claimants navigate the system and provide the assistance they need.

The VA must review the case after a veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations and the evidence used to make the original decision. This includes reviewing the medical record of the veteran as well as in the event of a need, lay statements. The VA must send the claimant an official statement of the case which includes a listing of all evidence that it has examined.

The declaration should be written in plain English and should explain the reasoning of the decision, which should include the interpretation of the regulations and laws that affect the case. It should address all the claims made by the plaintiff 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. Due to the VA backlog, it might take the agency longer to issue the document. If you are a veteran who is appealing the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.