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

The process of getting veterans disability benefits can be overwhelming. A veteran disability lawyer can guide you through the procedure.

It is essential to choose an attorney who is skilled in disability law and can handle these cases at all levels of appeal. This will ensure you receive the best representation.

Appeal

When the VA denies or does not accept a claim, the spouse of the deceased can file an appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

A common reason why people have to make a disability claim is because they are not satisfied with the disability rating they have received. In this case, a lawyer can make sure that there is sufficient evidence to back the proper rating based on a condition caused or aggravated by military service.

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

A veteran 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. Some lawyers are veterans themselves and this can provide them a unique empathy with 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) Veterans have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits a senior reviewer to examine the same evidence that was presented in the original claim and then make an entirely new decision in the case. The senior reviewer has the choice to either confirm or reverse the previous rating.

The person who is the veteran or their representative could arrange for a casual conference with the senior reviewer to discuss the case, however, only one of these conferences is permitted. It is crucial to be prepared and present your case in a concise manner at this meeting. An attorney who is specialized in veterans ' disability can help to prepare and take part in the informal conference.

Higher-level reviews are often used to correct mistakes made by the earlier reviewer in an appeal for disability for veterans example, not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by altering the decision made previously but only if it is beneficial to the claimant's interests.

The more thorough review may result in a hearing for the applicant, which gives the claimant an opportunity to meet with those who are reviewing the claim and explain the arguments. A lawyer for northampton veterans disability law firm can help you determine whether it's necessary to request a personal hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you are able to file a written notice of disagreement within one year from the date that the local office sends you the original denial letter. The VA will review your case once more and draft an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete this form correctly to appeal the decision. You do not have to list every reason you do not agree with the VA's decision but it is best to be specific in order to assist the VA understand what you think is wrong. Your attorney can advise you on the evidence you should submit in the NOD like statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, you can request that it be reviewed by a senior reviewer through a Higher Level Review. This process could take up to approximately 25 months. You should be with your lawyer at all times. If the VA is unable to resolve your claim, your lawyer can request a hearing to be conducted before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. The VA is a big bureaucracy and it's easy to become lost. A veteran disability lawyer can help those seeking assistance navigate the system and offer much needed assistance.

The VA must review the case after a veteran has filed an Notice of Dispute at the local VA office. This includes examining the regulations, laws and the evidence used to make the original decision. This also includes looking at the veteran's medical records and, if needed lay statements. The VA must provide the claimant with the Statement of Case which includes a list of evidence that it has examined.

The statement should be written in plain English and should explain the reasoning of the decision, which should include the interpretation of the laws and regulations relevant to the case. It should address all the claims made by the plaintiff in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.