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 assist you from start to finish.

It's essential to find a lawyer who limits their law practice to disability cases, and only handles those cases at all levels of appeal. This will ensure that you're getting the best representation.

Appeal

When the VA refuses or fails to accept a claim, the spouse of the deceased may appeal. This is a complex and time-consuming process that can be complicated even with the most straightforward disability claims. An attorney for veterans can assist you in understanding your options and help you get the benefits you deserve.

The most common reason people have to file a disability claim is because they are not content with their disability status. In this case, a lawyer can make sure that the evidence is there to support a valid rating based upon a disabling condition caused by or aggravated by military service.

Another reason that people tend to require a veterans disability lawyer is that they've been waiting too long to get their benefits. The lawyer can assist in determining what documents are not available, and then submit a request for these records to the VA.

Having a veterans disability attorney can also help you deal with the VA away from you. This will give you time to concentrate on your health and any other obligations you might have. Some attorneys are veterans and this gives them a unique level of empathy for their clients and give them a greater stake in their cases. This could make a significant 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 if they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits a senior reviewer to examine the same evidence presented in the original claim and then make an additional decision regarding the case. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their representative could request an informal conference to discuss the case with the senior reviewer. However, only one of these conferences is permitted. At this meeting it is crucial to prepare and present your case's details in a clear way. A veteran disability attorney can help you prepare and participate in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of an appeal for disability. For example when the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer is able to alter an earlier decision on the same claim to correct these errors but only if the changes are advantageous to the person filing the claim.

A hearing at a personal level can be scheduled for the applicant as a result of the higher-level review. This is an opportunity for the applicant to meet with the person reviewing their claim and to present their case. A veteran disability lawyer can assist in determining whether or not a personal hearing is needed and can also prepare and present evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year from the date the local office mailed you the initial denial letter. The VA will review 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 lawyer can help you fill out this form correctly to ensure it is effective in appealing the decision. You don't have to list every reason you disagree with the VA's decision but it is best to be specific in order to help the VA know what you believe is wrong. Your attorney can guide you on what evidence to submit to support the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined again by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and you should have your lawyer by all the process. If the VA refuses to accept your claim, your lawyer could request a hearing to be conducted before an carrollton veterans disability law firm Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries, and conditions they've endured during their time of service. However, the VA is a massive bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability attorney can assist in navigating the process and offer much-needed assistance to those seeking assistance.

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

The statement should outline in plain language the reasoning behind the decision, and how it decided to interpret the laws and regulations that affected the case. It should address the claims made by the plaintiff in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the document. If you are a veteran who is appealing a decision on your rating or claim for benefits, get in touch with a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.