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

The process of submitting an application for veterans disability benefits may be overwhelming. A qualified veterans disability lawyer can guide you from start to finish.

It's essential to choose a lawyer who restricts their law practice to disability cases, and only handles those cases at all levels of appeal. This will ensure that you get the most effective representation.

Appeal

When the VA denies a claim or fails to approve benefits, it gives the veteran or or spouse who is surviving to appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. A veterans disability lawyer can assist you in understanding all of your options and obtain the benefits you deserve.

The most common reason people make a claim for disability is that they are not satisfied with their disability rating. In this instance, the lawyer can make sure that all the evidence is in place to support an appropriate rating based on a debilitating condition that is caused or exacerbated by military service.

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

A veterans disability law firm disability lawyer can also ease the burden of dealing directly with the VA. This will let you concentrate on your health and other obligations you might have. Some attorneys are veterans and this gives them a unique form of empathy for their clients and make them more invested in their cases. 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) Veterans have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence presented in the original claim, and make a fresh determination. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their representative can ask for an informal meeting to discuss the case with the senior reviewer. However, only one conference is allowed. It is essential to be prepared and present your case in a concise way at this conference. A veteran disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews can be used to correct mistakes by the earlier reviewer in an appeal for disability which could include failing to interpret evidence or making mistakes in the law. Senior reviewers are able to correct these mistakes by changing a previous decision however only if it is beneficial to the claimant's interests.

The more thorough review may result in a hearing for the claimant, which gives them the chance to meet with those who are reviewing the claim and present the arguments. A veterans disability lawyer can help determine whether or not it's necessary to request a private hearing, and with making and presenting the evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year of the date the local office mailed you the original denial letter. The VA will then review your claim again and create an Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you 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 knows exactly what you believe to be wrong. Your attorney can help you on what evidence to submit along with the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed by a senior judge through a Higher Level Review. This process could take up to up to 25 months, and you should be in contact with your attorney at every step. If the VA rejects your claim, your attorney may request a hearing before a Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for their injuries, illnesses and other ailments that they suffer during their service. The VA is a large bureaucracy, and it's easy to become lost. A veteran disability attorney can help you navigate the process and provide much-needed assistance to applicants.

The VA must examine the case after a veteran has filed an Notice of Dispute at the local VA office. This includes examining the laws, regulations, and evidence used in the original decision. This includes looking over the medical record of the veteran as well as at times, lay statements. The VA must provide the claimant with the Statement of Case which includes a list of evidence it has analyzed.

This statement should explain in a clear manner the reasoning behind its decision, as well as how it determined the law and regulations that impacted the case. It should address all the assertions made by the claimant in the NOD.

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