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

The process of submitting an application for benefits for veterans disability law firms disability can appear overwhelming. The right veterans disability attorney can help you navigate it from start to finish.

It is essential to locate a lawyer that limits their law practice to disability cases and exclusively handles those cases at every stage of appeal. This will ensure that you're receiving the best legal representation.

Appeals

When the VA refuses or fails to accept a claim, the veteran or the surviving spouse can file an appeal. This is a complex and lengthy procedure that can be complicated even by the simplest disability claims. A veteran disability lawyer can help you understand your options and obtain the benefits you deserve.

One common reason that people have to submit an claim for disability is because they are not satisfied with their disability rating. In this case, veterans disability attorney the lawyer can ensure that the evidence is there to support an appropriate rating based on a disability condition caused by or aggravated by military service.

Another common reason for people to require a veteran disability lawyer is because they have been waiting too long for benefits. The lawyer can assist in determining what documents are missing and then submit an inquiry for these records to the VA.

Having a veterans disability attorney can also help you deal with the VA away from you. This allows you to focus on your health and other obligations that you may have. Some lawyers are veterans themselves which can give them a unique level of compassion for their clients and make them more invested 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) allows veterans to have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence that was presented in the original claim and then make an additional decision regarding the case. The senior reviewer can either confirm or reverse the previous rating decision.

The veteran or their representative may request a meeting with the senior reviewer to discuss the case, but only one of these conferences is allowed. It is important to be prepared and be able to present the facts of your case in a clear manner at this meeting. A veteran disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the reviewer who was earlier in an appeal for disability which could include not interpreting evidence correctly or making mistakes in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision however only if it is in the best interest of the claimant.

The higher-level review could result in a personal hearing for the claimant which provides an opportunity to connect with those who are reviewing the claim, and explain the arguments. A lawyer for veterans can help you determine whether it is required to request a personal hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

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

To file a disagreement, you should use VA Form 21-958. An attorney for disabled people can help to fill out the form in a manner that is effective in appealing the decision. You don't have to list every reason you don't agree with the VA's decision but it is advisable to be specific in order to assist the VA determine what you think is wrong. Your attorney can help you about the type of evidence you can submit along with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point You have a second chance to review it by an experienced reviewer in form of a Higher-Level review. This process could take up to up to 25 months, and you should be with your attorney throughout the process. If the VA is unable to resolve your claim, your lawyer may request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are compensated for their injuries, illnesses and other ailments caused by their service. The VA is a massive bureaucracy, and it's easy to get lost. A veteran disability lawyer can help navigate the process and provide much-needed assistance to claimants.

When a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct an investigation of the case. This includes examining the laws, regulations and evidence used in the original decision. It also includes examining the medical records of the veterans disability attorneys and in the event of a need, lay statements. The VA must send the claimant a Statement of the Case that includes a list of all evidence that it has examined.

The statement should be written in plain language and provide the reasoning of the decision, which should include the interpretation of the regulations and laws that affect the case. It should address all the arguments made by the claimant in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date on which the NOD was filed. However, due to the VA backlog it could take longer to issue this document. If you're a veteran appealing the decision of a rating agency or a claim for benefits, Veterans Disability attorney contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.