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

The process of submitting an application for benefits for veterans disability can seem overwhelming. The right veterans disability attorney will guide you from beginning to end.

It's crucial to find an attorney that only practices disability law and handles these cases at all levels of appeal. This ensures you're getting the best representation.

Appeal

If the VA refuses to approve a claim or does not accept benefits, it permits the veteran or or the spouse who died to appeal. It is a difficult and lengthy process that could be complicated even for the most basic disability claims. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

One of the main reasons people make a disability claim is because they are unhappy with their disability rating. In this case an attorney can make sure that there's enough evidence to support a rating that is appropriate in light of a condition that was that is caused or worsened by military service.

Another reason for people to seek out a veterans disability lawyer is because they've waited too long to get their benefits. The lawyer can help determine what documents are missing, and then submit an inquiry for these records to the VA.

A lawyer for veterans can also ease the burden of dealing directly with the VA. This will let you concentrate on your health and other obligations you have. Some lawyers are veterans and this can result in 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 is a decision review option that allows an experienced reviewer to look at the same evidence presented in the original claim, and then make an additional decision regarding the case. The senior reviewer may confirm or reverse the previous decision to rate.

A veteran or their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is permitted. In this meeting it is crucial to prepare and present your case facts clearly. A veterans disability attorney can help you prepare and take part in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the earlier reviewer in an appeal for disability, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision however only if it is in the claimant's best interest.

The higher-level review can also result in a personal hearing for the claimant, which gives the claimant an opportunity to connect with the person who will be reviewing the claim and explain their arguments. A lawyer who is a veteran can help determine whether or not it is necessary to request a private hearing, and with making and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued an assessment, you may make a formal notice of disagreement within one year of the date the local office mails you its original denial letter. The VA will examine your claim again and create a Statement of the Case.

To file a disagreement, you should use VA Form 21-958. A disability lawyer can help you fill out this form correctly to ensure it is effective in appealing the decision. You don't need to list every reason why you disagree with the decision; however it is best to be specific so that the VA knows exactly what you believe to be incorrect. Your attorney can assist you in deciding the evidence you should include in the NOD. This could include statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this point, you can request that it be reviewed by a senior reviewer through a Higher Level Review. This process can take approximately 25 months. You should be in contact with your lawyer at all times. If the VA refuses to accept your claim, your lawyer may request a hearing to be held before a veterans disability lawyers Law Judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for injuries, illnesses and other ailments that they suffer during their service. But the VA is a massive bureaucracy that is easy to get lost in the system. A veteran disability lawyer can help you navigate the process and offer much-needed assistance to claimants.

The VA must examine the case after the veteran has filed a Notice of Dispute with the local VA office. This includes looking at the regulations, laws and the evidence used to make the original decision. This includes looking over the veteran's medical record and, if necessary, lay statements. The VA must provide the claimant with a Statement of Case which includes a listing of all evidence that it has looked over.

The statement should outline clearly the reasoning behind the decision, as well as how it interpreted the laws and regulations that impacted the case. It should address all arguments made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. Due to the VA backlog it may take longer for the agency to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding the basis of a rating or a claim for benefits.