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 qualified veterans disability lawyer can assist you from start to finish.

It's crucial to locate a lawyer that limits their practice to disability cases and exclusively handles these cases at every level of appeal. This will ensure that you get the most effective representation.

Appeal

If the VA refuses or fails to approve a claim, the spouse or the veteran who is surviving can appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

One common reason that people have to make a disability claim is because they are not satisfied with the disability rating they have received. In this case, the lawyer can make sure that all the evidence is in place to justify a proper rating based on a disability condition that was caused or worsened by military service.

A veterans disability lawyer may be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents and 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 allows you to concentrate on your health and other obligations you have. Some lawyers are veterans, and this can result in an exceptional 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) provides veterans with more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits senior reviewers to look at the same evidence that was presented in the original claim and then make an additional decision on the case. The senior reviewer can either affirm or reverse the previous rating decision.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However only one conference is allowed. For this meeting it is crucial to prepare and present your case facts in a clear way. An attorney for veterans can help you prepare for 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 instance in the event that the previous reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct the errors by reversing a previous decision however only when it is beneficial to the claimant's interests.

A hearing at a personal level can be arranged for the claimant as a result of the higher-level review. This gives the claimant to meet with the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can assist in determining whether or not it is required to request a personal hearing, and with making and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached an assessment, you may submit a notice of disagreement within one year of the date that the local office mails you its original denial letter. The VA will review the claim again and prepare a Statement of Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't need to list every reason that you disagree with the decision; however it is recommended to be specific in order that the VA understands what exactly you believe to be incorrect. Your attorney can guide you about the type of evidence you can submit with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior judge through a Higher Level Review. This process could take up to up to 25 months, and you should be with your attorney throughout the process. If the VA refuses to accept your claim, your attorney may request an appeal before an Veterans Law judge to present evidence and testimony in person. If your claim is granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to make sure that veterans disability lawsuits are compensated for injuries, illnesses and other ailments suffered during service. The VA is a massive bureaucracy and it's not difficult to get lost. A veteran disability lawyer can assist applicants navigate the system and provide the much-needed assistance.

When a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an investigation into the case. This includes examining the regulations, laws and evidence used in making the original decision. This includes reviewing the medical records of the veteran and when necessary, lay statements. The VA must provide the claimant with an official statement of the case which is a list of all evidence it examined.

The statement should state in plain language the reasoning behind the decision, as well as 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 typically sent to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the document. If you're a veteran who is appealing a decision on your rating or claim for benefits, contact a veterans disability attorneys disability lawyer from Fusco, Brandenstein & Rada, P.C.