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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 a challenge. A veterans disability lawyer can guide you through the procedure.

It is essential to locate a lawyer that limits their practice to disability cases and only handles those cases at every stage of appeal. This ensures you're receiving the best representation.

Appeals

If the VA denies a claim, Veterans Disability or fails to approve benefits, it gives the veteran or his spouse who survives to appeal. It is a difficult and lengthy process that could be complicated, even for the most straightforward disability claims. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

A common reason why people have to file a disability claim is because they are unhappy with their disability rating. In this instance an attorney can make sure that there is enough evidence to back an appropriate rating based on a condition that is caused or worsened by military service.

A veterans disability lawyer may be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing, and then make a request for these records to the VA.

A lawyer for veterans' disability can also ease the burden of dealing directly with the VA. This will give you the time to focus on your health, and any other obligations you might have. Certain attorneys are veterans disability lawsuits and this can result in an exceptional empathy for their clients. 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) allows veterans to have more options when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence presented in the original claim, and then make a new decision. The senior reviewer is able to confirm or reverse the previous decision to rate.

A veteran or their representative may request an informal meeting to discuss the case with the senior reviewer. However only one conference is allowed. For this meeting it is essential to prepare and present your case facts in a concise manner. A veterans disability attorney can help you prepare for and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence or committed errors in the law. Senior reviewers can correct these errors by changing a previous decision however only when it is in the claimant's best interest.

The higher-level review could lead to a personal hearing for the claimant, which gives them the chance to connect with the person who is reviewing the claim and explain their arguments. A lawyer who is a veteran can assist with determining whether it is necessary to request a private hearing, as well as creating and presenting evidence at the hearing.

Notice of Disagreement

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

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. It is not necessary to list every reason you don't agree with the VA's decision but it is advisable to be specific in order to assist the VA understand what you think is wrong. Your attorney can advise you on what evidence to submit along with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point You have a second chance to get it reviewed by an experienced reviewer in the form of A Higher-Level Review. This could take up to 25 months, and it is important to have an attorney on your side every step of the way. If the VA refuses to accept your claim, your lawyer can request an appointment with an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans receive compensation for ailments, injuries and illnesses caused by their service. However, the VA is a huge bureaucracy that is easy to be lost within the system. A veteran disability attorney can help navigate the process and offer much-needed assistance for those who are seeking benefits.

The VA must examine the case once the veteran has filed an Notice of Dispute at the local VA office. This includes reviewing the regulations, laws, and the evidence used in the initial decision. This includes reviewing the medical records of the veteran and at times, lay statements. The VA must provide the claimant with an official statement of the case which is a list of all evidence it has examined.

The statement should outline in plain language the reasoning behind the decision, and how it decided to interpret the laws and regulations that affected the case. It should address the issues made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. If you're a veteran attempting to appeal an appeal of a rating decision or claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.