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

The process of applying for atlanta veterans disability law firm disability benefits can seem overwhelming. A lawyer for decatur veterans disability attorney can help you navigate the procedure.

It's essential to find a lawyer who limits their law practice to disability cases and only handles these cases at every level of appeal. This will ensure that you're receiving the best representation.

Appeals

When the VA denies a claim, or does not approve benefits, it allows the veteran or or spouse who survives to file an appeal. Even the most basic 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 submit an application for disability benefits is that they are not happy with the disability rating they have received. In this situation lawyers can make sure that there is enough evidence to back a rating that is appropriate due to a condition caused or aggravated by military service.

Another reason that people tend to require a veteran disability lawyer is because they've waited 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.

A lawyer for veterans can also take away the burden of dealing directly with the VA. This will allow you the time to focus on your health and any other responsibilities you may have. Some attorneys are veterans themselves, and this can give them a unique empathy with their clients and create a deeper investment 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 veterans to have more options when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence presented in the original claim and make a fresh determination. The senior reviewer can either affirm or reverse the previous decision to rate.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However, only one of these conferences is allowed. It is important to be prepared and present your case in a clear manner during this meeting. A dover veterans disability law firm disability attorney can help you prepare for and take part in the informal conference.

Higher-level reviews are often used to correct mistakes by the reviewer who was earlier in the case of a disability claim which could include mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct the errors by altering the decision made previously, but only when it is beneficial to the claimant's interests.

The higher-level review could result in a private hearing for the claimant, which provides an opportunity to connect with the person who will be reviewing the claim and to explain their arguments. A lawyer for veterans can assist with determining whether it is necessary to request a personal hearing, and also with creating and presenting evidence at the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you are able to file a notice of disagreement within one year from the date the local office mails you the initial denial letter. The VA will then review your case once more and draft a Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. It is not necessary to list every reason you don't agree with the decision. However, it is better to be specific so that the VA can understand exactly what you believe is incorrect. Your attorney can assist you in deciding what evidence to include with the NOD. This could be statements from medical professionals, or results from diagnostic tests.

If your appeal is not accepted at this stage, then you can have it re-examined by a senior judge through a Higher Level Review. This process can take 25 months and you should be in contact with your attorney at every step. If the VA is unable to resolve your claim, your lawyer can request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries, and conditions they have suffered during their service. However the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability attorney can help you navigate the process and provide vital assistance to those seeking assistance.

The VA must review the case after the veteran has filed an Notice of Dispute at the local VA office. This includes looking at the regulations, laws and evidence used in making the original decision. This includes looking over the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with an official statement of case which includes a list with evidence it has analyzed.

This statement should be in plain English and should explain the reasoning behind the decision, as well as the interpretation of the regulations and laws relevant to the case. It should address any claims raised by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date on which the NOD was filed. However, due to the VA backlog and backlog, the agency could delay the release of the document. If you are a veteran appealing a decision on your rating or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.