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

The process of obtaining veterans disability benefits can be overwhelming. A veteran disability lawyer can help you navigate the procedure.

It is essential to locate a lawyer that limits their law practice to disability cases, and only handles those cases at all levels of appeal. This ensures you're getting the best representation.

Appeals

When the VA rejects or doesn't approve a claim, the spouse or the veteran who is surviving may appeal. This is a lengthy and time-consuming process that can be complicated even with the most simple disability claims. A veterans disability lawyer can help you understand all of your options and help you get the benefits you deserve.

The most common reason why people file a claim for disability is because they are dissatisfied with their disability rating. In this case a lawyer can be sure that there is sufficient evidence to justify the proper rating due to a condition that is caused or worsened by military service.

A veteran disability lawyer might be required by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing, and then submit the request for these documents to the VA.

A lawyer for veterans' disability will also help you get rid of the burden of dealing directly with the VA. This will give you the time to focus on your health, as well as any other obligations you have. Some lawyers are veterans, which can give them an unmatched 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) allows veterans to have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence as in the original claim and make a fresh determination. The senior reviewer can confirm or reverse the previous decision to rate.

The veteran or their representative may request a meeting with the senior reviewer to discuss the case, but only one such meeting is allowed. It is important to be prepared and present the facts of your case in a concise way at this conference. An attorney who is specialized in the field of cheyenne veterans disability lawyer disability can assist you prepare and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For instance in the event that the previous reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can alter an earlier decision on the same claim to rectify these mistakes however only if the changes are beneficial to the claimant.

The more thorough review may result in a personal hearing for the applicant, which gives the claimant an opportunity to talk to the person reviewing the claim and to explain their arguments. A veteran disability lawyer can help decide whether or not the need for a personal hearing is justified, as well as prepare and present evidence during the hearing.

Notice of Disagreement

You can file a dispute within one-year of the date the local office mailed you the original denial letter. The VA will then review your case again and create a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist to fill out the form correctly to appeal the decision. You do not have to list every reason you do not agree with the VA's decision but it is best to be specific in order to help the VA know what you believe is wrong. Your attorney can help you on the evidence you should submit along with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed by a senior reviewer through a Higher Level Review. This process can take approximately 25 months. You should be in contact with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer can request an appearance before an Veterans Law judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. But the VA is a massive bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can help navigate the process and provide much-needed assistance to claimants.

When a veteran files a Notice of Disagreement to his or local VA office, the agency must conduct a review of the case. This includes looking into the laws, regulations and the evidence used to make the original decision. It also involves examining the medical records of the veteran as well as in the event of a need lay statements. The VA must send the claimant an official statement of the case which includes a listing of all evidence it has looked over.

The declaration should be written in plain language and provide the reasoning behind the decision, including the interpretation of the law and regulations affecting the case. It should address all the assertions made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. However, due to the VA backlog, the agency may take longer to issue the document. If you are a veteran seeking to appeal the decision of a rating agency or a claim for benefits, you should contact a lawyer for Winchester Veterans Disability Attorney disability from Fusco, Brandenstein & Rada, P.C.