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

The process of applying for veterans disability benefits may be overwhelming. A lawyer who is a veterans disability attorney can guide you through the process.

It's crucial to find a lawyer who limits their law practice to disability cases and only handles those cases at all levels of appeal. This ensures that you're receiving the best legal representation.

Appeals

If the VA rejects or doesn't consider a claim, the spouse of the deceased can appeal. It is a difficult and lengthy process that could be complicated even by the most simple disability claims. A veteran disability lawyer can help you understand all of your options and secure the benefits you deserve.

The most common reason why people make a claim for disability is that they are unhappy with their disability status. In this instance, the lawyer can ensure that the evidence is there to support an appropriate rating based on a disabling condition that was caused or worsened by military service.

A veteran disability lawyer might be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing, and then make a request for these records to the VA.

A veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This will allow you the time to focus on your health, as well as any other responsibilities you may have. Certain attorneys are veterans themselves, and this can give them a unique type of empathy with their clients and give them a greater stake in their cases. This could make a significant 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 when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence that was presented in the original claim and make an entirely new decision in the case. The senior reviewer can either confirm or reverse the previous rating decision.

The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, but only one conference is allowed. It is crucial to be prepared and provide the facts of your case in a concise way at this conference. A veteran disability attorney can assist you in preparing for and take part in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of a disability claim. For instance, if the earlier reviewer misinterpreted evidence or made errors in the law. The senior reviewer can change an earlier decision on the same claim in order to correct these kinds of mistakes, but only if those changes are advantageous to the applicant.

A hearing at a personal level can be arranged for the claimant in the wake of the higher-level review. This is a chance for the claimant to meet with the person who is reviewing their case and present their arguments. A veterans disability attorney can help determine whether an individual hearing is necessary, as well as prepare and Vimeo.com present evidence during the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year from the date when the local office sends you the original denial notice. The VA will then review your claim again and issue a Statement of Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. It is not necessary to list every reason you don't agree with the VA's decision however, it is recommended to be specific in order to help the VA determine what you think is wrong. Your attorney can assist you in deciding what evidence to include with the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is rejected at this stage, you have another chance to get it reviewed by a senior reviewer in the form of A Higher-Level Review. It could take as long as 25 months, and you must have your attorney by your side every step of the process. If the VA denies your claim your attorney may request an appearance before a prosper veterans disability lawsuit Law judge to present testimony and other evidence in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans receive compensation for injuries, illnesses and conditions that they suffer during their service. But, the VA is a huge bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can guide you through the process and offer much-needed assistance to claimants.

The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the regulations, laws and evidence used to make the original decision. This includes looking over the veteran's medical record and in the event of a need lay statements. The VA must provide the claimant with an official statement of the case which is a list of all evidence it has reviewed.

The statement should outline clearly the reasoning behind the decision, and how it decided to interpret the laws and regulations that impacted the case. It should address all the contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was submitted. Due to the VA backlog, it may take the agency longer to issue the document. Contact a alpena veterans disability attorney disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about an assessment or claim for benefits.