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

The process of applying for veterans disability benefits may be overwhelming. The right veterans disability attorney can guide you from start to finish.

It's essential to find a lawyer who limits their practice to disability cases, and only handles those cases at each level of appeal. This ensures you're receiving the best representation.

Appeals

When the VA rejects a claim or does not accept benefits, it permits the veteran or or spouse who is surviving to appeal. It is a difficult and lengthy process that could be complicated, even for the most simple disability claims. A veterans disability attorney can help you understand your options and get the benefits you deserve.

A common reason for people to declare a disability claim is that they are unhappy with their disability status. In this case, the lawyer can make sure that the evidence is sufficient to support a valid rating based on a disabling condition that is caused or exacerbated by military service.

Another reason for people to require a veteran disability lawyer is because they've waited for too long to receive benefits. The lawyer can assist in determining what documents are missing and then submit a request for these records to the VA.

A lawyer for veterans can also take away the burden of dealing directly with the VA. This will allow you the time to focus on your health, and any other responsibilities you may have. Some attorneys are veterans and this gives them a unique form of compassion for their clients and give them a greater stake in their cases. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence provided in the original claim and make a new determination. The senior reviewer may confirm or reverse the previous decision to rate.

The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, but only one of these conferences is allowed. For this meeting, it is important to prepare and present your case's details clearly. A veterans disability attorney can assist you in preparing and take part in the informal conference.

Higher-level reviews are often used to correct errors made by the earlier reviewer in a disability case which could include failing to interpret evidence or making mistakes in the law. The senior reviewer may alter an earlier decision regarding the same claim in order to rectify these mistakes but only if the changes are advantageous to the applicant.

A personal hearing can also be scheduled for the applicant as a result of the higher-level review. This provides the applicant to meet with the person who will be reviewing their claim and discuss their arguments. A lawyer for veterans disability can assist with determining whether or not it is required to request a personal hearing, as well as with preparation and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to file a written notice of disagreement within one year from the date that the local office sends you the original denial notice. The VA will review the claim again and prepare a Statement of the Case.

To file a complaint to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don't have to list every reason you disagree with the VA's decision however, it is recommended to be specific and help the VA know what you believe is wrong. Your attorney can help you decide which evidence to include in the NOD. These could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is not granted at this point If you are denied, you can try again to get it reviewed by a senior reviewer in form of a Higher-Level Review. This process can take approximately 25 months. You should be in contact with your lawyer at all times. If the VA refuses to accept 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 written extensive laws to ensure that veterans are compensated for their injuries, illnesses and conditions that they suffer during their service. The VA is a large bureaucracy, and it's easy to be lost. A veteran disability lawyer can assist claimants navigate the system and offer the assistance they need.

Once a veteran has filed a Notice of Disagreement with his her local VA office, the VA must conduct a review of the case. This includes looking into the laws, regulations, and the evidence used in the initial decision. This includes looking over the veteran's medical record and, if necessary lay statements. The VA must provide the claimant with the Statement of Case which includes a list of evidence it has analyzed.

The statement should outline in plain language the reasoning behind its decision, including how it interpreted the laws and regulations that impacted the case. It should address the claims made by the plaintiff in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog, the agency may take longer to mail this document. If you are a veteran attempting to appeal a rating decision or a claim for benefits, get in touch with a lawyer for veterans disability lawsuits disability from Fusco, Brandenstein & Rada, P.C.