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. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It is essential to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This ensures that you're receiving the best legal representation.

Appeals

If the VA denies a claim or does not allow benefits to be approved, it allows the veteran or his spouse who survives to appeal. This is a complicated and time-consuming process that can be complicated even with the simplest disability claims. A veterans disability lawyer can help you understand all your options and secure the benefits you deserve.

The most common reason for people to submit a claim for disability is that they are not satisfied with their disability rating. In this case an attorney can make sure that there is sufficient evidence to justify the appropriate rating due to a condition caused or made worse by military service.

Another reason that people tend to need a veterans disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can help determine the missing documents and can then make a request to the VA to obtain those documents.

Having a veterans disability lawyer can relieve the burden of dealing with the VA away from you. This will allow you to concentrate on your health and other obligations you might have. Some attorneys are veterans, and this can create a unique empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans disability lawyers with more options if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence as in the original claim, and make a fresh decision. The senior reviewer can affirm or reverse the previous rating decision.

The person who is the veteran or their representative could arrange for a casual conference with the senior reviewer to discuss the case, but only one such meeting is permitted. It is essential to be prepared and provide the facts of your case in a concise manner at this meeting. A veteran disability attorney can assist you in preparing and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of an appeal for disability. For instance when the previous reviewer misinterpreted the evidence or made errors in the law. The senior reviewer can alter the previous decision made on the same claim in order to correct these kinds of errors however only if those changes are advantageous to the claimant.

The more extensive review can lead to a personal hearing for the applicant, which is an opportunity to meet with those who are reviewing the claim and to explain their arguments. A veterans disability lawyer can help you determine whether or not it is required to request a personal hearing, as well as preparing and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the date the local office received the original denial letter. The VA will review the claim again and prepare a Statement of Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. You don't have to list every reason you don't agree with the VA's decision but it is advisable to be specific in order to help the VA understand what you think is wrong. Your attorney can provide guidance on the kind of evidence to include along with the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage, then you can ask to have it reviewed by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and you should have your lawyer by your side throughout the procedure. If the VA denies your claim, your attorney may request an appearance before an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are compensated for injuries, illnesses and other ailments suffered during service. But the VA is a huge bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability attorney can guide you through the process and provide much-needed assistance for those seeking assistance.

The VA must examine the case once the veteran has filed an Notice of Dispute at the local VA office. This includes examining the regulations, laws and evidence used to reach the original decision. Also, it involves looking over the medical records of the veterans and, if needed lay statements. The VA must provide the applicant with the Statement of Case which contains a list of evidence that it has reviewed.

The statement should state clearly the reasoning behind the decision, as well as how it determined the law and regulations that impacted the case. It should address the allegations raised by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was received. However due to the VA backlog and backlog, the agency could take longer to mail the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on an assessment or veterans disability attorney claim for benefits.