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

The process of submitting an application for veterans disability benefits can be overwhelming. The right windsor heights veterans disability lawsuit disability attorney will guide you from start to finish.

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

Appeals

If the VA rejects a claim or fails to approve benefits, it gives the veteran or or Vimeo her surviving spouse to file an appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason for people to declare a disability claim is that they are unhappy with their disability rating. In this case, a lawyer can ensure that the evidence is sufficient to support a valid rating based on a debilitating condition that was caused or worsened by military service.

Another common reason for people to seek out a veterans disability lawyer is because they've waited too long to get their benefits. The lawyer can assist in determining what documents are not available, and then make an inquiry for these records to the VA.

Having a veterans disability attorney can also alleviate the burden of dealing with the VA away from you. This allows you to concentrate on your health and other obligations you have. Some attorneys are veterans themselves and this gives them a unique 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) Veterans have more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to look at 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 reverse or confirm the previous rating.

A veteran or their agent may request an informal conference to discuss the case with the senior reviewer. However only one conference is allowed. At this meeting it is crucial to prepare and present your case's information in a clear manner. A veteran disability attorney can help you prepare for and take part in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the previous reviewer in a disability claim for example, misinterpreting evidence or making errors in the law. The senior reviewer can alter the previous decision made on the same claim to fix these types of errors, but only if those changes are advantageous to the applicant.

A personal hearing can also be scheduled for the applicant as a result of the review at a higher-level. This gives the applicant to meet with the person who is reviewing their claim and explain the arguments. A veteran disability lawyer can help decide whether a personal hearing is needed and prepare and present the evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year of the date the local office issued the initial denial letter. The VA will examine your claim once more and prepare an official statement of the case.

To file a complaint with the VA, you should fill out VA Form 21-958. A disability lawyer can help complete this form correctly so that it 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 advisable to be specific in order to help the VA determine what you think is wrong. Your attorney can guide you on the evidence you should submit along with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can request that it be reviewed again by a senior reviewer through a Higher Level Review. This could take up to 25 months, and you should have your attorney by all the procedure. If the VA denies your claim, your attorney can request an appearance before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check in the event that your claim is approved.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and ailments they've experienced during their service. But the VA is a huge bureaucracy, and it's easy to be lost within the system. A veteran disability lawyer can assist claimants navigate the system and provide the assistance they need.

The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the laws, regulations, and the evidence used in the initial decision. This includes reviewing the medical records of the veteran as well as at times lay statements. The VA must send the claimant a Statement of the Case that includes a list of all evidence 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 that affect the case. It should address all assertions made by the claimant in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog the agency might take longer to issue this document. If you're a veteran attempting to appeal a rating decision or a claim for benefits, please contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.