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

The process of obtaining veterans disability benefits can be a challenge. A veterans disability lawyer can guide you through the process.

It is essential to choose a lawyer who restricts their law practice to disability cases and only handles those cases at each level of appeal. This helps ensure you'll be receiving the best representation.

Appeal

If the VA rejects or doesn't consider a claim, the spouse or the veteran who is surviving may appeal. This is a complex and lengthy process that can be complicated even by the most straightforward disability claims. A veteran disability lawyer can assist you in understanding all your options and Attorneys obtain the benefits you deserve.

One common reason that people submit an claim for disability is because they are not happy with their disability rating. In this case, a lawyer can make sure that there is sufficient evidence to justify the proper rating for a condition that is caused or made worse by military service.

Another reason that people tend to require a veteran disability lawyer is because they have been waiting too long for benefits. The lawyer can help determine what documents are missing and submit a request to the VA for those records.

A veteran disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This will give you the time to concentrate on your health, as well as any other obligations you might have. Certain attorneys are veterans and this can create an unmatched empathy for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence provided in the original claim and make a new determination. The senior reviewer may confirm or reverse the previous decision to rate.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, but only one conference is allowed. At this conference it is important to prepare and present your case's details in a clear manner. A veteran disability attorney 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 a disability claim. For example, if the earlier reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer may alter the previous decision made on the same claim in order to rectify these errors however only if the changes are beneficial to the applicant.

A personal hearing can also be scheduled for the applicant as a result of the review at a higher level. This provides those seeking to be heard by the person who is reviewing their case and present their arguments. A veteran disability lawyer can help determine whether the need for a personal hearing is justified and can also prepare and present evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you can submit a notice of disagreement within one year from the date when the local office mails you the initial denial letter. The VA will examine your claim again and issue an official statement of the case.

To file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. It is not necessary to list every reason you don't agree with the decision; however it is best to be specific in order that the VA is aware of what you believe to be incorrect. Your attorney can provide guidance on the kind of evidence to include in the NOD such as statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed by a senior judge through a Higher Level Review. The process can take between 25 and about 25 months and you must be in contact with your attorney at every step. If the VA denies your claim your lawyer can request an appeal before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a number of laws to ensure that veterans disability lawsuits receive compensation for illnesses, injuries and other ailments they've suffered during their time of service. The VA is a big bureaucracy and it's easy for people to get lost. A veteran disability lawyer can help people navigate the system and offer much needed assistance.

If a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct an examination of the case. This includes looking into the laws, regulations and evidence used in the initial decision. Also, it involves looking over the veteran's medical records and when necessary, lay statements. The VA must provide the applicant with a Statement of Case, which contains a list of evidence it has analyzed.

This statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the laws and regulations affecting the case. It should address all arguments made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. However, due to the VA backlog the agency might take longer to mail this document. Contact a veterans disability attorney 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.