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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 guide you from beginning to end.

It is essential to choose a lawyer who restricts their practice to disability cases and exclusively handles those cases at each level of appeal. This ensures that you're getting the best representation.

Appeals

When the VA denies a claim or does not approve benefits, it gives the veteran, or his or her surviving spouse to file an appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding the various options available and obtain the benefits you deserve.

The most common reason for people to declare a disability claim is because they are dissatisfied with their disability rating. In this situation an attorney can make sure that there is sufficient evidence to back the appropriate rating in light of a condition that was caused or veterans disability made worse by military service.

Another reason that people tend to require a veterans disability lawyer is because they've waited for too long to receive benefits. The lawyer can help determine the missing documents and can then make a request to the VA for those records.

A lawyer for veterans 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 obligations you might 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), veterans have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence that was presented in the original claim and make an additional decision regarding the case. The senior reviewer can confirm or reverse the previous decision to rate.

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 conference is allowed. At this meeting it is important to prepare and present your case's information clearly. An attorney that specializes in veterans disability can help you prepare for and participate in the informal conference.

Higher-level reviews can be used to correct mistakes by the earlier reviewer in a disability case that result in not interpreting evidence correctly or making mistakes in the law. The senior reviewer may alter an earlier decision regarding the same claim to fix these types of mistakes but only if the changes are beneficial to the applicant.

A personal hearing may be arranged for the claimant as a consequence of the review at a higher level. This is a chance for the applicant to meet with the person who is reviewing their case and discuss their arguments. A lawyer for veterans disability can assist with determining whether it is necessary to request a personal hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you can submit a notice of disagreement within one year from the date on which the local office gives you the original denial notice. The VA will review your case again and issue a Statement of Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. It is not necessary to list all the reasons you do not agree with the VA's decision, but it is important to be specific to help the VA know what you believe is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined by a senior judge through a Higher Level Review. This could take anywhere from 25 months, and you must have your attorney at all the way. If the VA still denies your claim, your lawyer could request a hearing to be held before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, Veterans Disability injuries, and conditions they've endured during their service. But, the VA is a massive bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can guide you through the process and provide crucial assistance to applicants.

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the agency must conduct an investigation of the case. This includes looking at the laws, regulations and evidence used to make the initial decision. Also, it involves looking over the medical records of the veterans and when necessary, lay statements. The VA must provide the claimant with a Statement of Case, that includes a list of evidence that it has reviewed.

This statement should be in plain language and provide the reasoning for the decision, including the interpretation of the regulations and laws relevant to the case. It should address the claims made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. Due to the VA backlog, it might take the agency longer to issue the statement. If you are a veteran attempting to appeal a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.