10 Top Mobile Apps For Veterans Disability Compensation

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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can guide you from beginning to end.

It's important to locate a lawyer that limits their practice to disabilities and only handles those cases at every level of appeal. This helps ensure you'll be receiving the best representation.

Appeals

If the VA refuses or fails to consider a claim, the spouse of the deceased can file an appeal. This is a complex and veterans disability Attorney lengthy process that could be complicated even by the most simple disability claims. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason for people to submit a claim for disability is that they are unhappy with their disability status. In this case, the lawyer can make sure that the evidence is in place to support a fair rating based on a disability condition that is caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining 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 relieve the burden of dealing with the VA away from your shoulders. This will allow you to focus on your health and other responsibilities that you may have. Some attorneys are veterans themselves and this can provide them a unique type of empathy for their clients and make them more invested in their cases. This can make a huge 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 when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence that was presented in the original claim, and then make an additional decision regarding the case. The senior reviewer can confirm or reverse the previous decision to rate.

A veteran or their agent may request an informal conference to discuss the matter with the senior reviewer. However only one conference is allowed. At this conference it is essential to prepare and present your case's facts in a clear way. A veterans disability attorney can assist you in preparing 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 that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct the errors by altering the decision made previously however only when it is in the best interests of the claimant.

The more thorough review may result in a personal hearing for the claimant, which is an opportunity to talk to those who are reviewing the claim, and explain their arguments. A veteran disability lawyer can help decide whether or not a personal hearing is needed and prepare and present evidence for the hearing.

Notice of Disagreement

You may file a dispute within one year of the date the local office mailed you the original denial letter. The VA will review your claim again and create an official statement of the case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. It is not necessary to list every reason you disagree with the VA's decision but it is advisable to be specific to help the VA know what you believe is wrong. Your attorney can help you determine the evidence you should include in the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is rejected at this point, you can request that it be reviewed by a senior reviewer through a Higher Level Review. This process could take up to about 25 months and you must be with your attorney at every step. If the VA rejects your claim, your lawyer can request an appeal before a veterans disability law firms Law judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to make sure that veterans disability attorneys are compensated for injuries, illnesses, and other conditions suffered during service. The VA is a massive bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist in navigating the process and provide much-needed assistance to applicants.

Once a veteran has filed a Notice of Disagreement with his her local VA office, the VA must conduct a review of the case. This involves examining the laws, regulations and the evidence used in the initial decision. This includes looking over the medical records of the veteran and at times, lay statements. The VA must send the claimant a Statement of the Case which includes a listing of all the evidence it has reviewed.

This statement should be 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 arguments made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was received. However due to the VA backlog and backlog, the agency could take longer to issue the document. If you're a veteran attempting to appeal a decision on your rating or claim for benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.