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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 help you navigate the process.

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 will ensure that you get the best representation.

Appeals

When the VA rejects a claim or does not approve benefits, it allows the veteran or his spouse who is surviving to appeal. It is a difficult and lengthy procedure that can be complicated even with the most simple disability claims. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

The most common reason people file a claim for disability is that they are not satisfied with their disability rating. In this case, a lawyer can make sure that all the evidence is in place to support an appropriate rating based upon a disabling condition that was caused or worsened by military service.

A veteran disability lawyer might be required by those who have had to wait too long for their benefits. The lawyer can assist in determining the missing documents and submit a request the VA to obtain those documents.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will let you concentrate on your health and other responsibilities that you may have. Certain attorneys are veterans and this can result in an innate 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) Veterans have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence as was presented in the original claim and then make a new decision on the case. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their agent may arrange for an informal conference to discuss the case with the senior reviewer. However, only one of these conferences is allowed. For this meeting it is crucial to prepare and present your case's details clearly. An attorney for veterans can assist you in preparing for and participate in the informal conference.

Higher-level reviews are usually used to correct errors made by the earlier reviewer in a disability case that result in failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision however only if it is in the best interests of the claimant.

The higher-level review can also result in a personal hearing for the claimant, which provides an opportunity to meet with the person who will be reviewing the claim and explain the arguments. A veterans disability lawyer can help decide whether a personal hearing is required and also prepare and present the evidence for the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office issued the initial denial letter. The VA will review your claim again and create a Statement of the Case.

If you want to file a dispute, you should use VA Form 21-958. An attorney for disabled people can help to fill out the form correctly to ensure it is effective in appealing the decision. It is not necessary to list every reason why you are not with the decision. However it is recommended to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can assist you in deciding what evidence to include in the NOD. This could be statements from medical professionals or results from diagnostic tests.

If your appeal is not accepted at this stage, then you can request that it be reviewed again by a senior reviewer through a Higher Level Review. This could take up to 25 months, and you should have your attorney at your side every step of the way. If the VA denies your claim, your lawyer can request an appearance before an veterans disability law firm Law judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries and other ailments they've suffered during their service. The VA is a massive bureaucracy, and it's easy to be lost. A veteran disability attorney can help you navigate the process and provide much-needed assistance to applicants.

Once a veteran has filed a Notice of Disagreement with his her local VA office, the agency must conduct an investigation into the case. This includes looking at the laws, regulations and the evidence used to make the initial decision. Also, it involves looking over the medical records of the veteran and, if needed lay statements. The VA must provide the claimant with an official statement of case which contains a list of evidence that it has reviewed.

This statement should be in plain language and explain the reasoning behind the decision, as well as the interpretation of the law and regulations that affect the case. It should address all claims made by the plaintiff in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date on which 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 vet who is contesting a decision about the amount of your rating or a claim for benefit.