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

The process of obtaining veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can guide you from start to finish.

It's crucial to choose a lawyer who restricts their law practice to disability cases and only handles these cases at all levels of appeal. This will ensure that you get the best representation.

Appeal

When the VA denies or does not consider a claim, the spouse of the deceased can file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability lawyer can help you understand all your options and help you get the benefits you deserve.

The most common reason people are required to declare a disability claim is that they are unhappy with their disability rating. In this case an attorney can make sure that there is sufficient evidence to back a rating that is appropriate based on a condition that is caused or worsened by military service.

A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can assist in determining the missing documents and then submit a request to the VA for those records.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will let you focus on your health and any other obligations that you may have. Certain attorneys are veterans and this can result in an innate empathy for their clients. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to examine the same evidence presented in the original claim and make a fresh determination. The senior reviewer can either affirm or reverse the previous decision to rate.

A veteran or their agent may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. At this conference it is crucial to prepare and present your case's information in a clear manner. An attorney with expertise in the field of disability for veterans can help you prepare and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted evidence or committed errors in the law. Senior reviewers can correct the errors by changing a previous decision however only if it is in the best interests of the claimant.

A hearing at a personal level can be arranged for the applicant as a result of the review at a higher-level. This gives the claimant to meet the person who is reviewing their case and present their arguments. A veterans disability lawyer can assist in determining whether it is necessary to request a private hearing, as well as with creating and presenting evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year from the date the local office sent you the original denial letter. The VA will examine your claim once more and prepare an official statement of the case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You do not have to list every reason you disagree with the VA's decision, Veterans Disability Lawyer but it is best to be specific to help the VA determine what you think is wrong. Your attorney can help you determine what evidence to include in the NOD. This could be statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this point If you are denied, you can try again to review it by a senior reviewer in the form of a Higher-Level Review. This process could take up to 25 months and you should be with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer could request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for their injuries, illnesses and other ailments suffered during service. The VA is a big bureaucracy and it's easy for people to get lost. A veteran disability attorney can help navigate the process and provide crucial assistance for those seeking assistance.

When a veteran files a Notice of Disagreement in his or her local VA office, the VA must conduct a review of the case. This involves examining the laws, regulations and the evidence used to make the original decision. This includes looking over the medical records of the veteran as well as at times lay statements. The VA must provide the applicant with a Statement of Case, which contains a list of evidence that it has examined.

The statement should outline in plain language the reasoning behind the decision, and how it interprets the laws and regulations that affected the case. It should address any claims raised by the claimant in his or her NOD.

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