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 assist you from start to finish.

It's important that you find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeal

When the VA denies a claim, or does not allow benefits to be approved, it allows the veteran or his the spouse who died to file an appeal. This is a lengthy and time-consuming process that can be complicated even for the simplest disability claims. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason people have to declare a disability claim is that they are not content with their disability status. In this situation an attorney can make sure there is enough evidence to back a rating that is appropriate based on a condition caused or made worse by military service.

A veterans disability lawyer could be required by those who have had to wait too long for their benefits. The lawyer can assist in determining the missing documents, and then make the request for these documents to the VA.

A lawyer for veterans' disability can also ease the burden of dealing directly with the VA. This will let you focus on your health and other obligations you have. Some attorneys are veterans themselves and this gives them a unique type of compassion for their clients and give them a greater stake 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) provides veterans with more options to appeal when 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 provided in the original claim, and make a new determination. The senior reviewer may affirm or reverse the previous decision to rate.

A veteran or their agent may request an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. In this meeting it is crucial to prepare and present your case's facts in a clear way. An attorney with expertise in the field of veterans disability lawyers disability can assist you prepare and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of the disability claim. For example when the previous reviewer misinterpreted evidence or committed errors 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.

A hearing at a personal level can be arranged for the claimant as a consequence of the higher-level review. This gives the claimant to meet the person who is reviewing their case and explain the arguments. A veterans disability lawyer can help decide whether or not a personal hearing is required and attorneys can also prepare and present the evidence during the hearing.

Notice of Disagreement

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

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, but it is best to be specific in order to assist the VA know what you believe is wrong. Your attorney can advise you about the type of evidence you can submit to support the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage If you are denied, you can try again to review it by a senior reviewer in form of an Higher-Level Review. This process can take approximately 25 months. You should be in contact with your attorney throughout the process. If the VA still denies your claim, your lawyer can request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for injuries, illnesses and other ailments they've suffered during their time of service. The VA is a large bureaucracy and it's easy to become lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide the assistance they need.

The VA must review the case after the veteran has filed an Notice of Dispute at the local VA office. This includes looking into the regulations, laws and evidence used in making the original decision. It also includes examining the medical records of the veteran and, if needed lay statements. The VA must send the claimant a Statement of the Case which is a list of all the evidence it has studied.

The declaration should be written simple and clear, and also explain the reasoning behind the decision, as well as the interpretation of the regulations and laws affecting the case. It should address all arguments made by the claimant in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date the NOD was filed. However due to the VA backlog it could take longer to issue this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on an assessment or claim for benefits.