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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 qualified veterans disability lawyer can assist you from start to finish.

It's crucial to choose an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This ensures you're receiving the best representation.

Appeal

When the VA denies a claim, or fails to allow benefits to be approved, it allows the veteran or or the spouse who died to file an appeal. This is a complex and time-consuming process that can be complicated even with the simplest disability claims. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

A common reason why people are required to file an claim for disability is because they are not content with their disability status. In this instance lawyers can make sure that there's enough evidence to support the appropriate rating in light of a condition that was caused or aggravated by military service.

A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can assist in determining the missing documents and then submit a request to the VA to obtain those documents.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This gives you the time to focus on your health, and any other obligations you might have. Some attorneys are veterans which can give them a unique form of compassion for their clients and make them more invested in their cases. This can make a huge 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 if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence presented in the original claim and make an additional decision on the case. The senior reviewer is able to either affirm or reverse the previous rating.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one of these conferences is allowed. It is essential to be prepared and be able to present your case in a clear way at this conference. An attorney who specializes in the field of veterans disability can assist to prepare and take part in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of the disability claim. For instance an earlier reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer can change an earlier decision on the same claim to correct these kinds of errors but only if the changes are advantageous to the claimant.

A personal hearing may be scheduled for the claimant as a result of the higher-level review. This provides those seeking to be heard by the person reviewing their claim and explain the arguments. A veterans disability lawyer can assist with determining whether or not it is necessary to request a private hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached an assessment, you may file a notice of disagreement within one year of the date on which the local office gives you its original denial letter. The VA will review the claim again and prepare a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. You don't have to list every reason you don't agree with the VA's decision, however, it is recommended to be specific to help the VA determine what you think is wrong. Your attorney can provide guidance about the type of evidence you can submit along with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you have another chance to be reviewed by a senior reviewer in the form of an Higher-Level Review. This process could take as long as about 25 months and you must be in contact with your lawyer at all times. If the VA refuses to accept your claim, your lawyer could request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check if your claim is awarded.

Statement of the Case

Congress has written extensive laws to ensure that veterans disability attorneys receive compensation for injuries, illnesses and other ailments caused by their service. The VA is a huge bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist applicants navigate the system and offer the much-needed assistance.

The VA must review the case after a veteran has filed a Notice of Dispute with the local VA office. This includes examining the regulations, laws, and Veterans Disability Lawyer the evidence used in the original decision. This also includes looking at the medical records of the veteran as well as in the event of a need, lay statements. The VA must provide the applicant with an Statement of Case that includes a list of evidence it has analyzed.

The statement should state in clear language the reasoning behind its 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 Veteran will receive the Statement of Case within 120 days of the date the NOD was filed. However, due to the VA backlog the agency might delay the release of this document. If you're a veteran seeking to appeal a decision on your rating or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.