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

The process of applying for benefits for veterans disability can be overwhelming. A veteran disability lawyer can help you navigate the process.

It's important that you locate an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This ensures that you're getting the best representation.

Appeal

When the VA decides to deny or not approve a claim, either the veteran or the surviving spouse may appeal. This is a complex and lengthy procedure that can be complicated even for the most simple disability claims. A veterans disability lawyer can assist you in understanding the various options available and help you get the benefits you deserve.

A common reason people declare a disability claim is because they are unhappy with their disability status. In this case, the lawyer can make sure that the evidence is in place to support a valid rating based upon a disabling condition that is caused or exacerbated by military service.

Another common reason for people to require a veterans disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents, and then submit an inquiry for these records to the VA.

A coachella veterans disability lawyer disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This will allow you the time to focus on your health and any other responsibilities you may have. Some lawyers are veterans themselves which can give them a unique level of empathy with their clients and increase the stakes in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Since the weldon spring veterans disability attorney Appeals Improvement and Modernization Act of 2017 (AMA), shreveport veterans disability lawsuit have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows senior reviewers to examine the same evidence presented in the original claim and then make an additional decision on the case. The senior reviewer can choose to either affirm or reverse the previous rating.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, but only one of these conferences is permitted. For this meeting it is crucial to prepare and present your case's information in a clear manner. An attorney who is specialized in veterans disability can help to prepare and take part in the informal conference.

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

The more thorough review may result in a private hearing for the claimant, which is an opportunity to meet with the person who will be reviewing the claim and explain the arguments. A veterans disability lawyer can assist in determining whether or not it is necessary to request a private hearing, and with making and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued an assessment, you may make a formal notice of disagreement within one year from the date the local office sends you the initial denial letter. The VA will then review your case again and issue an official statement of the case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist to fill out the form correctly to appeal the decision. It is not necessary to list every reason why you disagree with the decision. However it is recommended to be specific so that the VA knows exactly what you believe is incorrect. Your attorney can help you decide which evidence to include in the NOD. This could include statements from medical professionals, or the results of diagnostic tests.

If your appeal is not granted at this point If you are denied, you can try again to get it reviewed by an experienced reviewer in form of an Higher-Level Review. This process could take as long as 25 months and you should be with your lawyer throughout the process. If the VA still denies your claim, your lawyer could request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries, and conditions they have suffered during their service. The VA is a huge bureaucracy and it's not difficult to be lost. A veteran disability lawyer can assist people navigate the system and offer much needed assistance.

The VA must examine the case after the veteran has filed an Notice of Dispute at the local VA office. This includes looking into the regulations, laws and evidence used in making the initial decision. It also involves examining the medical records of the veterans and, if needed lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence that it has examined.

The statement should be in plain language and provide the reasoning behind the decision, as well as the interpretation of the law and regulations relevant to the case. It should address all claims made by the plaintiff in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date that the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on a rating or a claim for benefit.