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

The process of getting veterans disability benefits can be overwhelming. The right attorney for veterans will guide you from beginning to end.

It's important that you choose an attorney who practices disability law and handles these cases at all levels of appeal. This will ensure that you get the best legal representation.

Appeals

When the VA denies or does not approve a claim, the veteran or veterans disability the surviving spouse can file an appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

The most common reason people declare an claim for disability is because they are not satisfied with their disability ratings. In this instance, the lawyer can ensure that all the evidence is in place to support a valid rating based on a disability condition that was caused or worsened by military service.

A veteran disability lawyer might be needed by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for those records.

A veterans disability lawyer can take the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and any other obligations you might have. Certain attorneys are veterans themselves and this can provide them a unique compassion for their clients. They also create a deeper investment in their cases. This can make a big 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 when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to look at the same evidence as in the original claim and make a fresh decision. The senior reviewer can confirm or reverse the previous decision to rate.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, but only one of these conferences is permitted. It is essential to be prepared and explain the facts of your case in a clear manner at this meeting. An attorney who is specialized in veterans ' disability can help you prepare for and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the previous reviewer on a disability case which could include misinterpreting evidence or making errors in the law. The senior reviewer is able to alter the previous decision made on the same claim to fix these types of errors, but only if those changes are advantageous to the person filing the claim.

The more extensive review can result in a private hearing for the applicant, which is an opportunity to talk to the person who will be reviewing the claim and present the arguments. A lawyer for veterans can assist with determining whether it is necessary to request a personal hearing, and also with preparing and presenting the evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to submit a notice of disagreement within one year of the date on which the local office mails you the initial denial letter. The VA will review the claim again and issue a Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form in a way that is effective in appealing the decision. It is not necessary 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 guide you about the type of evidence you can submit with the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point There is a second chance to review it by an experienced reviewer in form of a Higher-Level Review. This process could take as long as about 25 months and you must be with your attorney at every step. If the VA continues to deny your claim, your lawyer can request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans disability attorneys receive compensation for illnesses, injuries and conditions they have suffered during their service. The VA is a huge bureaucracy and it's not difficult to be lost. A veteran disability lawyer can assist those seeking assistance navigate the system and provide the assistance they need.

The VA must examine the case once a veteran has filed a Notice of Dispute with the local VA office. This includes looking into the regulations, laws and evidence used to reach the original decision. This also includes looking at the veteran's medical records and when necessary lay statements. The VA must provide the claimant with an official statement of case which contains a list of evidence that it has examined.

The statement should state in clear language the reasoning behind its decision, and how it decided to interpret the laws and regulations that affected the case. It should address all assertions made by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the statement. Contact a veterans 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.