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 beginning to end.

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

Appeals

When the VA rejects or doesn't accept a claim, the spouse of the deceased can appeal. This is a complex and lengthy procedure that can be complicated even with the most basic disability claims. A veterans disability lawyer can help you understand all your options and obtain the benefits you deserve.

The most common reason for people to declare a disability claim is because they are unhappy with their disability rating. In this situation, the lawyer can ensure that the evidence is there to support a fair rating based upon a disabling condition that is caused or exacerbated by military service.

A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA for the relevant records.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This allows you to focus on your health and other obligations you have. Certain attorneys are veterans themselves and this gives them a unique level of compassion for their clients. They also create a deeper investment in their cases. This can make a huge 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 to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence as in the original claim, and then make a new decision. The senior reviewer is able to either reverse or confirm the previous rating.

A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. It is important to be prepared and be able to present the facts of your case in a clear way at this conference. An attorney that specializes in the field of veterans disability can assist you prepare and participate at the informal conference.

Higher-level reviews can be used to correct mistakes made by the previous reviewer in a disability claim for example, misinterpreting evidence or making errors in the law. The senior reviewer can change a prior decision on the same claim to fix these types of mistakes however only if those modifications are beneficial for the claimant.

The higher-level review could lead to a personal hearing for the applicant, which is an opportunity to connect with those who are reviewing the claim, and explain their arguments. A veterans disability lawyer can assist with determining whether or not it is necessary to request a private hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year from the date the local office received the initial denial letter. The VA will then review your case once more and draft a Statement of the Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you complete the form correctly so that it is effective in appealing the decision. You don't have to list every reason why you disagree with the decision. However, it is better to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can guide you on the evidence you should submit to support the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point If you are denied, you can try again to review it by an experienced reviewer in form of A Higher-Level Review. It could take as long as 25 months, and it is important to have your attorney at your side throughout the procedure. If the VA denies your claim, your lawyer can request an appearance before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans disability law firm receive compensation for illnesses, injuries and conditions they've endured during their time of service. The VA is a large bureaucracy and it's not difficult to become lost. A veteran disability attorney can guide you through the process and provide vital assistance for claimants.

When a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct an examination of the case. This includes looking at the laws, regulations and evidence used to reach the initial decision. This includes looking over the veteran's medical record and when necessary, lay statements. The VA must provide the claimant with the Statement of Case which includes a list with evidence that it has reviewed.

The statement should state in plain language the reasoning behind its decision, and how it interpreted the laws and regulations that affected the case. It should address the claims that the claimant has made in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the document. If you're a veteran who is appealing the decision of a rating agency or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.