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

The process of submitting an application for benefits for veterans disability can be overwhelming. The right veterans disability attorney can help you navigate it from start to finish.

It's important that you find an attorney who only has experience in disability law and who handles these cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeals

When the VA rejects a claim or does not approve benefits, it allows the veteran, or his or spouse who is surviving to appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A virginia veterans disability attorney disability lawyer can assist you in understanding the various options available and get the benefits you deserve.

A common reason why people are required to make a disability claim is because they are unhappy with their disability ratings. In this case, a lawyer can ensure that the evidence is there to support a fair rating based on a disabling condition caused or exacerbated by military service.

Another common reason for people to need a veterans disability lawyer is that they've waited too long to get their benefits. The lawyer can assist in determining what documents are missing and then make an application for these records to the VA.

Having a veterans disability lawyer can alleviate the burden of dealing with the VA away from you. This will give you time to focus on your health and any other responsibilities you may have. Some lawyers are Morrilton Veterans Disability Attorney and this can result in an innate compassion for their clients. 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), veterans have more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence presented in the original claim, and make a fresh decision. The senior reviewer has the choice to either confirm or reverse the previous rating.

A veteran or their agent may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. It is crucial to be prepared and explain your case in a concise way at this conference. An attorney for veterans can assist you in preparing for and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes by the previous reviewer in the case of a disability claim which could include mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by changing the previous decision however only when it is in the claimant's best interest.

The more extensive review can result in a private hearing for the claimant which gives the claimant an opportunity to connect with the person reviewing the claim and present the arguments. A veterans disability lawyer can help determine whether or not a personal hearing is required and can also prepare and present the evidence for the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office sent you the initial denial letter. The VA will then review your claim again and prepare a Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you complete the form in a way that is effective in contesting the decision. It is not necessary to list all the reasons you do not agree with the VA's decision, but it is important to be specific and help the VA know what you believe is wrong. Your attorney can advise you about the type of evidence you can submit to support the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed again by a senior reviewer through a Higher Level Review. This could take anywhere from 25 months, solvay veterans disability law firm and you should have your attorney at your side throughout the way. If the VA denies your claim your lawyer can request an appearance before a Veterans Law judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for their injuries, illnesses and other ailments caused by their service. The VA is a massive bureaucracy, and it's easy to be lost. A veteran disability lawyer can help people navigate the system and provide much needed assistance.

Once a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct an investigation of the case. This involves examining the laws, regulations and the evidence used in the original decision. Also, it involves looking over the medical records of the veteran and in the event of a need lay statements. The VA must provide the applicant with an Statement of Case which includes a list of evidence it has analyzed.

This statement should explain in clear language the reasoning behind its decision, including how it determined the law and regulations that impacted the case. It should address all arguments made 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. Due to the VA backlog, it might take longer for the agency to issue the statement. If you are a veteran appealing the decision of a rating agency or a claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.