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

The process of applying for Veterans Disability Lawsuits veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.

It's essential to find a lawyer who has a limit on their practice to disability cases and exclusively handles those cases at every level of appeal. This will ensure that you're getting the best representation.

Appeal

When the VA denies a claim or does not approve benefits, it allows the veteran or his spouse who survives to file an appeal. It is a difficult and time-consuming process that can be complicated even for the simplest disability claims. A veteran disability lawyer can assist you in understanding the options available to you and help you get the benefits you deserve.

A common reason for people to make a claim for disability is that they are not satisfied with their disability rating. In this instance, the lawyer can make sure that all the evidence is in place to justify a proper rating based on a disabling condition that was caused or worsened by military service.

A veteran disability lawyer might be needed by people who have not received their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA for those records.

A lawyer for veterans can also take away the burden of dealing directly with the VA. This will give you the time to concentrate on your health, and any other responsibilities you may have. Some attorneys are veterans and this can provide them a unique type of empathy for their clients and give them a greater stake in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to look at the same evidence as was presented in the original claim, and then make an additional decision on the case. The senior reviewer is able to either confirm or reverse the previous rating.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, however, only one such conference is allowed. At this meeting it is essential to prepare and present your case's information in a clear manner. An attorney for veterans can assist you in preparing for and take part in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of an appeal for disability. For instance an earlier reviewer misinterpreted the evidence or made errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision, but only when it is in the claimant's best interest.

The higher-level review can also result in a hearing for the applicant, which provides an opportunity to talk to the person reviewing the claim and to explain their arguments. A lawyer for veterans can assist with determining whether or not it's required to request a personal hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office issued the initial denial letter. The VA will examine your claim again and issue an official statement of the case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. An attorney for disabled people can help complete this form in a way that is effective in contesting the decision. You don't have to list every reason you disagree with the VA's decision, however, it is recommended to be specific and help the VA know what you believe is wrong. Your attorney can help you determine what evidence to include in the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this stage, then you can have it reviewed again by a senior reviewer through a Higher Level Review. The process can take between 25 and about 25 months and you must be with your lawyer at all times. If the VA denies your claim your lawyer can request an appeal before an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for injuries, illnesses and conditions that they suffer during their service. The VA is a large bureaucracy, and it's easy to get lost. A veteran disability attorney can guide you through the process and offer much-needed assistance for those seeking assistance.

The VA must review the case following the time the veteran has filed an Notice of Dispute at the local VA office. This involves examining the laws, regulations and evidence used to reach the initial decision. It also includes examining the medical records of the veterans and in the event of a need, lay statements. The VA must provide the applicant with the Statement of Case which includes a list of evidence that it has reviewed.

The declaration should be written in plain English and should explain the reasoning for the decision, including the interpretation of the law and regulations that affect the case. It should address any claims made by the plaintiff in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date that the NOD was filed. However, due to the VA backlog and backlog, the agency could take longer to mail the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, veterans disability Lawsuits P.C. if you are a veteran who is appealing a decision on the basis of a rating or a claim for benefit.