How a veterans disability lawsuit Disability Attorney Can Help You Get the Benefits You Deserve

The process of getting veterans disability benefits can be a challenge. A good veterans disability attorney can help you navigate it from beginning to end.

It is essential to choose an attorney who handles disability law and cases of this nature at all levels of appeal. This will ensure that you're receiving the best legal representation.

Appeals

When the VA refuses or fails to accept a claim, the spouse of the deceased may appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

One of the main reasons people have to submit an application for disability benefits is that they are unhappy with the disability rating they have received. In this case, the lawyer can ensure that the evidence is there to support a valid rating based on a debilitating condition caused by or aggravated by military service.

Another reason for people to require a veterans disability law firm 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 submit an application for these records to the VA.

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will allow you to concentrate on your health and any other obligations you might have. Some lawyers are veterans, and this can create an innate empathy for their clients. This can make a big 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 to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to look at the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer may confirm or reverse the previous rating decision.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one conference is permitted. In this meeting it is important to prepare and present your case's information in a clear way. A veteran disability attorney can assist you in preparing for and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer can change an earlier decision on the same claim in order to rectify these mistakes, but only if those changes are advantageous to the person filing the claim.

The higher-level review could result in a personal hearing for the claimant, which gives them the chance to speak with the person reviewing the claim, and explain their arguments. A veteran disability lawyer can help decide whether the need for a personal hearing is justified and prepare and present evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one-year of the date the local office sent you the original denial letter. The VA will then review your case again and issue an official statement of the case.

If you want to file a dispute, you should use VA Form 21-958. A disability attorney can help complete this form in a manner that is effective in contesting the decision. You don't have to list every reason why you disagree with the decision. However it is best to be specific in order that the VA is aware of what you believe is incorrect. Your attorney can advise you on the evidence you should submit along with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point You have a second chance to get it reviewed by a senior reviewer in form of a Higher-Level Review. It could take as long as 25 months, veterans disability attorney and you should have an attorney on your side every step of the way. If the VA refuses to accept your claim, your lawyer can request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for their injuries, illnesses and other ailments that they suffer during their service. But the VA is a huge bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can assist people navigate the system and provide the much-needed assistance.

If a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct an investigation of the case. This includes reviewing the regulations, laws, and evidence used in the initial decision. This includes reviewing the veteran's medical record and at times lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all evidence it examined.

This statement should describe in plain language the reasoning behind the decision, and how it determined the law and regulations that impacted the case. It should address all claims made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the document. If you're a veteran attempting to appeal the decision of a rating agency or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.