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

The process of obtaining veterans disability benefits can be overwhelming. A good veterans disability attorney can help you navigate it from start to finish.

It's important to choose a lawyer who restricts their practice to disabilities and only handles these cases at every stage of appeal. This will ensure that you get the most effective representation.

Appeal

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

A common reason people declare a disability claim is that they are not satisfied with their disability rating. In this instance lawyers can make sure that there's enough evidence to support an appropriate rating due to a condition caused or made worse by military service.

Another reason for people to require a veteran disability lawyer is because they've waited too long to get their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for those records.

Having a veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This allows you to concentrate on your health and any other obligations you might have. Some attorneys are veterans, which can give them a unique empathy for veterans disability attorney their clients. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence presented in the original claim, and then make a new decision. The senior reviewer can choose to either confirm or reverse the previous rating.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, however, only one of these conferences is permitted. It is crucial to be prepared and present the facts of your case in a clear manner at this time. An attorney who is specialized in the field of disability for veterans disability lawsuit can help you prepare and participate at the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For example an earlier reviewer misinterpreted evidence or made errors in the law. The senior reviewer can change the previous decision made on the same claim in order to fix these types of mistakes however only if the changes are advantageous to the claimant.

A hearing at a personal level can be scheduled for the claimant as a consequence of the review at a higher level. This gives the claimant to meet with the person who will be reviewing their claim and explain the arguments. A lawyer for veterans can help you determine whether it is required to request a personal hearing, as well as with making and presenting the evidence at the hearing.

Notice of Disagreement

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

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. You don't need to list every reason that you disagree with the decision. However, it is better to be specific in order that the VA is aware of what you believe is incorrect. Your attorney can help you about the type of evidence you can submit along with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. This could take anywhere from 25 months, and you should have your lawyer by all the way. If the VA refuses to accept your claim, your attorney can request a hearing before a Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for their injuries, illnesses and conditions incurred during service. But, the VA is a huge bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can help people navigate the system and provide much needed assistance.

The VA must review the case following the time a veteran has filed a Notice of Dispute with the local VA office. This includes looking at the regulations, laws and evidence used to make the initial decision. This includes reviewing the medical records of the veteran as well as when necessary, lay statements. The VA must send the claimant an official statement of the case which includes a listing of all the evidence it has reviewed.

The statement should state clearly the reasoning behind the decision, including how it interprets the laws and regulations that impacted the case. It should address all the contentions the claimant raised in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the document. If you are a veteran seeking to appeal a rating decision or a claim for benefits, get in touch with a veterans disability law firm disability lawyer from Fusco, Brandenstein & Rada, P.C.