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

The process of submitting an application for benefits from veterans disability may seem overwhelming. The right veterans disability Attorney (shinhwaspodium.com) can help you navigate it from beginning to end.

It's crucial to locate an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure that you're getting the best representation.

Appeal

When the VA rejects a claim or fails to approve benefits, it gives the veteran or his or the spouse who died to file an appeal. This is a complicated and lengthy process that could be complicated even for the most basic disability claims. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

One common reason that people have to submit an claim for disability is because they are not content with the disability rating they have received. In this instance, the lawyer can make sure that the evidence is there to support an appropriate rating based on a debilitating condition caused by or aggravated by military service.

A veterans disability attorneys disability lawyer could be required by those who have not received their benefits. The lawyer can assist in determining what documents are missing and then make a request for these records to the VA.

A veteran disability lawyer can also take away 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 might have. Certain attorneys are veterans themselves, and this can give them a unique type of empathy with their clients and create a deeper investment 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 if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence provided in the original claim, and then make a new decision. The senior reviewer is able to either confirm or reverse the previous rating.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, however, only one of these conferences is allowed. In this meeting it is important to prepare and present your case's details in a clear manner. A veterans disability attorney can help you prepare and take part in the informal conference.

Higher-level reviews can be used to correct mistakes made by the reviewer who was earlier in the case of a disability claim that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct the errors by changing the previous decision, but only when it is in the best interests of the claimant.

A personal hearing could be scheduled for the claimant as a result of the review at a higher-level. This provides those seeking to be heard by the person who is reviewing their claim and discuss their arguments. A lawyer for veterans can help determine whether it is necessary to request a private hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you can submit a notice of disagreement within one year from the date that the local office mails you its original denial letter. The VA will review your case again and issue a Statement of the Case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability lawyer can help you fill out this form correctly so that it is effective in appealing the decision. You don't have to include every reason why you are not with the decision. However it is best to be specific in order that the VA is aware of what you believe to be incorrect. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior judge through an Higher Level Review. This process can take 25 months and you should be in contact with your lawyer at all times. If the VA refuses to accept your claim, your lawyer could request a hearing to be conducted before an Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions incurred during service. However, the VA is a massive bureaucracy, and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist applicants navigate the system and offer the much-needed assistance.

The VA must review the case following the time a 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 initial decision. This includes looking over the medical records of the veteran and, if necessary, lay statements. The VA must provide the applicant with a Statement of Case, that includes a list of evidence that it has examined.

This statement should explain in a clear manner the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address all the claims made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. However, due to the VA backlog it could take longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is appealing a decision on the amount of your rating or a claim for benefit.