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

The process of getting veterans disability benefits can be a challenge. A veterans disability lawyer can guide you through the procedure.

It is essential to locate a lawyer that limits their law practice to disability cases and only handles those cases at each level of appeal. This will ensure that you get the best legal representation.

Appeals

When the VA denies a claim, or fails to approve benefits, it gives the veteran or his or spouse who survives to file an appeal. It is a difficult and lengthy process that can be complicated even by the most basic disability claims. A veterans disability lawyer can help you understand the various options available and help you get the benefits you deserve.

One of the main reasons people are required to file a disability claim is because they are unhappy with the disability rating they have received. In this instance a lawyer can be sure that there's enough evidence to support the appropriate rating based on a condition that is caused or worsened by military service.

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

A veterans disability lawyer can help you deal with the VA away from your shoulders. This will let you focus on your health and any other obligations that you may have. Some lawyers are veterans which can give them an exceptional compassion for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the hastings veterans Disability lawyer Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence as was presented in the original claim and then make an entirely new decision in the case. The senior reviewer may affirm or reverse the previous decision to rate.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However only one conference is permitted. At this meeting it is important to prepare and present your case facts clearly. A lawyer for veterans may assist you in preparing for and take part in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of an appeal for disability. For example an earlier reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers can correct these mistakes by changing the previous decision, but only when it is beneficial to the claimant's interests.

A personal hearing may be scheduled for the claimant in the wake of the higher-level review. This provides the claimant to meet with the person who will be reviewing their claim and explain the arguments. A lawyer for veterans disability can assist in determining whether or not it is necessary to request a personal hearing, and with preparing and presenting the evidence at the VA must send the claimant a Statement of Case which is a list of all evidence that it has studied.

This statement should explain in clear language the reasoning behind the decision, including how it interpreted the laws and regulations that affected the case. It should address all the arguments made by the claimant in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog it may take the agency longer to issue the statement. If you are a veteran who is appealing an appeal of a rating decision or claim for benefits, please contact an attorney for middleton veterans disability lawsuit disability from Fusco, Brandenstein & Rada, P.C.