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

The process of applying for benefits for veterans disability can seem overwhelming. A qualified veterans disability lawyer can assist you from start to finish.

It's essential to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This ensures that you're receiving the best legal representation.

Appeal

When the VA refuses or fails to consider a claim, the veteran or the surviving spouse may appeal. This is a complex and lengthy procedure that can be complicated even by the most simple disability claims. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

One of the main reasons people are required to declare an claim for disability is because they are not happy with their disability status. In this situation, the lawyer can make sure that the evidence is in place to support an appropriate rating based on a disabling condition that is caused or exacerbated by military service.

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

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you time to concentrate on your health, and any other obligations you might have. Some lawyers are veterans and this can create an innate compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence as in the original claim and make a fresh decision. The senior reviewer is able to either reverse or confirm the previous rating.

A veteran or their agent may request an informal meeting to discuss the case with the senior reviewer. However only one conference is allowed. It is essential to be prepared and be able to present your case in a clear way at this conference. An attorney who specializes in veterans disability can help you prepare and participate in the informal conference.

Higher-level reviews are typically used to correct errors made by the reviewer who was earlier in a disability claim, such as mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter an earlier decision regarding the same claim to rectify these errors but only if the changes are beneficial to the claimant.

The more thorough review may result in a private hearing for the claimant, which is an opportunity to speak with those who are reviewing the claim and present the arguments. A veterans disability lawyer can help you determine whether or not it is necessary to request a personal hearing, as well as making and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year of the date the local office sent you the original denial letter. The VA will examine your claim again and create a Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form correctly so that it is effective in appealing the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, however, it is recommended to be specific to help the VA to understand what you believe is wrong. Your attorney can assist you in deciding what 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 point, you can request that it be reviewed again by a senior reviewer through a Higher Level Review. The process can take between 25 and approximately 25 months. You should be with your lawyer at all times. If the VA refuses to accept your claim, your lawyer may request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for their ailments, injuries and illnesses incurred during service. The VA is a massive bureaucracy, and it's easy to be lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide the assistance they need.

Once a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an investigation into the case. This includes examining the laws, regulations and evidence used in the original decision. Also, it involves looking over the medical records of the veteran and in the event of a need, lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of evidence it has analyzed.

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

The Statement of the Case is typically sent to the veteran within 120 days of the date on which the NOD was filed. However, due to the VA backlog it could take longer to mail this document. If you are a veteran who is appealing an appeal of a rating decision or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.