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

The process of getting veterans disability benefits can be overwhelming. A good veterans disability attorney can assist you from start to finish.

It's crucial to locate a lawyer that limits their practice to disability cases and only handles these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA decides to deny or not approve a claim, the spouse or the veteran who is surviving can appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. An attorney for veterans can help you understand your options and obtain the benefits you deserve.

The most common reason why people submit a claim for disability is because they are dissatisfied with their disability status. In this case a lawyer can be sure that there's enough evidence to justify a rating that is appropriate based on a condition 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 to receive their benefits. The lawyer can assist in determining the missing documents, and then submit an application for these records to the VA.

A veterans disability attorney can also take the burden of dealing with the VA away from you. This will allow you the time to concentrate on your health, as well as any other obligations you have. Some attorneys are veterans, and this can give them a unique level of compassion for their clients and increase the stakes in their cases. This can make a huge 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 to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence that was presented in the original claim and make a new decision on the case. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their representative could request an informal conference to discuss the case with the senior reviewer. However only one of these conferences is permitted. It is essential to be prepared and provide the facts of your case in a clear manner during this meeting. An attorney that specializes in veterans disability can help to prepare and take part in the informal conference.

Higher-level reviews are often utilized to correct errors made by the reviewer who was earlier in an appeal for disability that result in not interpreting evidence correctly or making mistakes in the law. The senior Veterans Disability reviewer can change the previous decision made on the same claim to correct these kinds of errors however only if those modifications are beneficial for the applicant.

A personal hearing could be scheduled for the claimant as a consequence of the review at a higher-level. This is an opportunity for the claimant to meet with the person reviewing their claim and present their arguments. A lawyer for veterans disability can help determine whether or not it's necessary to request a private hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year of the date the local office issued the original denial letter. The VA will review your claim once more and draft an official statement of the case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist to fill out the form in a manner that is effective in contesting the decision. You do not have to list all the reasons you disagree with the VA's decision, however, it is recommended to be specific in order to help the VA to understand what you believe is wrong. Your attorney can guide you on what evidence to submit to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, you have another chance to have it reviewed by an experienced reviewer in form of an Higher-Level Review. This could take anywhere from 25 months, and you must have your attorney by your side every step of the process. If the VA is unable to resolve your claim, your lawyer may request a hearing to be held before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for injuries, illnesses and other ailments suffered during service. However the VA is a huge bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can assist in navigating the process and provide much-needed assistance for claimants.

The VA must examine the case once the veteran has filed a Notice of Dispute with the local VA office. This includes examining the laws, regulations, and the evidence used to make the original decision. This includes reviewing the medical records of the veteran as well as, if necessary lay statements. The VA must send the claimant a Statement of Case which includes a listing of all the evidence it has looked over.

The statement should state in clear language the reasoning behind the decision, including how it interprets the laws and regulations that affected the case. It should address all the contentions the claimant raised in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date that the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the statement. Contact a veterans disability lawyer disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision over the amount of your rating or a claim for benefits.