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

The process of submitting an application for veterans disability benefits may seem overwhelming. The right veterans disability attorney can assist you from start to finish.

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

Appeal

If the VA refuses to approve a claim or does not accept benefits, it permits the veteran or his or the spouse who died to appeal. Even the most basic disability claim can make it difficult to navigate this complicated and time-consuming procedure. A veteran's disability attorney can help you understand your options and ensure you receive the benefits you deserve.

A common reason why people submit a claim for disability is because they are unhappy with their disability status. In this situation a lawyer can be sure that there's enough evidence to support an appropriate rating in light of a condition that was caused or made worse by military service.

Another common reason for people to require a veterans disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can help determine what documents are not available, and then submit the request for these documents to the VA.

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This will give you time to concentrate on your health, and any other responsibilities you may have. Some attorneys are veterans, and this may result in an innate empathy for their clients. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence provided in the original claim, and make a fresh decision. The senior reviewer has the choice to either reverse or confirm the previous rating.

A veteran or their representative may ask for an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is permitted. It is important to be prepared and provide the facts of your case in a concise manner during this meeting. An attorney with expertise in the field of disability for veterans can help you prepare and participate at the informal conference.

Higher-level reviews are typically used to correct mistakes by the reviewer who was earlier in an appeal for disability, such as mistakenly interpreting evidence or committing errors in the law. The senior reviewer may alter a prior Veterans Disability Attorney decision on the same claim in order to correct these kinds of mistakes however only if the modifications are beneficial for the person filing the claim.

The more thorough review may lead to a personal hearing for the claimant, which gives the claimant an opportunity to speak with the person who will be reviewing the claim and to explain the arguments. A lawyer for veterans can assist with determining whether or not it is necessary to request a personal hearing, as well as preparation and presenting evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you are able to make a formal notice of disagreement within one year of the date that the local office mails you its original denial letter. The VA will review your case once more and draft a Statement of Case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't have to list every reason you don't agree with the decision. However, veterans disability attorney it is better to be specific in order that the VA knows exactly what you believe to be incorrect. Your attorney can advise you on the evidence you should submit in the NOD such as statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it reviewed again by a senior reviewer through a Higher Level Review. This process could take up to up to 25 months, and you should be in contact with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer can request an appearance before an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for ailments, injuries and illnesses that they suffer during their service. The VA is a big bureaucracy, and it's easy to get lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide the much-needed assistance.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the VA must conduct a review of the case. This includes looking into the laws, regulations and evidence used in the initial decision. This includes looking over the medical record of the veteran as well as when necessary, lay statements. The VA must provide the applicant with a Statement of Case, which includes a list with evidence it has analyzed.

The statement should be in plain English and should explain the reasoning behind the decision, including the interpretation of the law and regulations that affect the case. It should address all the contentions the claimant raised in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from when the NOD was filed. However due to the VA backlog the agency might take longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding the amount of your rating or a claim for benefit.