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

The process of obtaining veterans disability benefits can be overwhelming. The right attorney for veterans can guide you from beginning to end.

It's important to locate a lawyer that limits their law practice to disability cases and only handles these cases at all levels of appeal. This will ensure that you get the most effective representation.

Appeals

When the VA refuses to approve a claim or fails to accept benefits, it permits the veteran or his her surviving spouse to appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. An attorney for veterans can help you understand your options and ensure you receive the benefits you deserve.

One of the main reasons people have to make a disability claim is that they are unhappy with their disability status. In this case, the lawyer can ensure that the evidence is there to justify a proper rating based on a debilitating condition caused by or aggravated by military service.

Another common reason for people to need a veterans disability lawyer is because they've waited too long to get their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for those records.

The help of a veterans disability attorney can also help you deal with the VA away from you. This will let you focus on your health and any other obligations you might have. Some lawyers are placerville veterans disability attorney themselves and this gives them a unique type of empathy with their clients and give them a greater stake in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows lynchburg Veterans disability lawsuit to have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence as was presented in the original claim, and then make a new decision on the case. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or their representative may ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. At this conference, it is important to prepare and present your case's facts in a clear way. A lawyer for veterans may help you prepare and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the previous reviewer in a disability case that result in mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct the errors by altering the decision made previously however only if it is in the claimant's best interest.

A hearing at a personal level can be scheduled for the applicant as a result of the review at a higher level. This is a chance for the claimant to meet the person who is reviewing their claim and present their arguments. A veterans disability lawyer can assist in determining whether an individual hearing is necessary and can also prepare and present evidence for the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you can submit a notice of disagreement within one year of the date on which the local office has sent you its original denial letter. The VA will examine your claim again and create a Statement of the Case.

To file a disagreement to file a dispute, you must use VA Form 21-958. An attorney for disabled people can help you complete the form correctly so that it is effective in contesting the decision. You don't have to include every reason that you disagree with the decision. However, it is better to be specific in order that the VA is aware of what you believe is incorrect. Your attorney can guide you on the kind of evidence to include with the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed by a senior judge through a Higher Level Review. This process could take as long as about 25 months and you must be with your lawyer at all times. If the VA still denies your claim, your lawyer can request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure weston veterans disability attorney receive compensation for illnesses, injuries and conditions they have suffered during their time of service. The VA is a massive bureaucracy and it's easy to become lost. A veteran disability attorney can guide you through the process and offer much-needed assistance for applicants.

The VA must examine the case once a veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations, and the evidence used to make the original decision. Also, it involves looking over the medical records of the veteran and, if needed lay statements. The VA must provide the claimant with an official statement of the case, which contains a list of all evidence it looked over.

The statement should be simple and clear, and also explain the reasoning behind the decision, as well as the interpretation of the law and regulations affecting the case. It should address all contentions the claimant raised 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 it could take longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about the basis of a rating or a claim for benefit.