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

The process of obtaining Veterans disability law firms (www.gawonsilver.com) disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It is essential to find a lawyer who limits their practice to disability cases and exclusively handles these cases at every level of appeal. This helps ensure you'll be getting the best representation.

Appeal

When the VA denies a claim or fails to approve benefits, it gives the veteran or or her surviving spouse to file an appeal. Even the most basic disability claim can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can help you understand all your options and get the benefits you deserve.

A common reason why people have to declare a disability claim is because they are not happy with their disability rating. In this instance a lawyer can be sure there is enough evidence to back the appropriate rating for a condition that is caused or made worse by military service.

Another reason that people tend to need a veterans disability lawyer is because they've been waiting for too long to receive benefits. The lawyer can help determine what documents are not available, and then submit a request for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health and any other responsibilities you may have. Some attorneys are veterans, and this can result in an exceptional empathy for their clients. This can make a major 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 disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence as in the original claim and then make a new decision. The senior reviewer is able to confirm or reverse the previous rating decision.

A veteran or their representative may request an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. It is important to be prepared and be able to present the facts of your case in a clear manner at this time. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For example in the event that the previous reviewer misinterpreted evidence or committed errors in the law. Senior reviewers can correct these mistakes by altering the decision made previously but only if it is in the claimant's best interest.

The higher-level review can also result in a hearing for the claimant which gives the claimant an opportunity to speak with the person who is reviewing the claim and to explain their arguments. A veterans disability lawyer can help decide whether a personal hearing is required and prepare and present the evidence during the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you are able to make a formal notice of disagreement within one year of the date when the local office has sent you the original denial letter. The VA will review your case once more and prepare a Statement of the Case.

You must make use of 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 don't have to include 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 to be wrong. Your attorney can help you decide which evidence to include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is rejected at this stage There is a second chance to review it by a senior reviewer in the form of an Higher-Level Review. This process could take up to approximately 25 months. You should be with your lawyer throughout the process. If the VA refuses to accept your claim, your attorney can request an appearance before an Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has written extensive laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions caused by their service. The VA is a large bureaucracy and it's easy to be lost. A veteran disability attorney can guide you through the process and provide crucial assistance for claimants.

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 looking into the regulations, laws and evidence used in making the original decision. It also includes 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 contains a list of all evidence that it has looked over.

The statement should state in clear language the reasoning behind the decision, as well as how it determined the law and regulations that affected the case. It should address all contentions the claimant raised in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. However, due to the VA backlog it could take longer to mail this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about a rating or a claim for benefits.