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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 assist you from start to finish.

It is essential to choose a lawyer who restricts their practice to disabilities and only handles these cases at every stage of appeal. This will ensure that you get the best legal representation.

Appeal

If the VA denies or does not approve a claim, either the spouse or the veteran who is surviving can file an appeal. This is a complicated and lengthy process that can be complicated even by the most basic disability claims. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

A common reason why people make a claim for disability is that they are not satisfied with their disability rating. In this instance, the lawyer can ensure that the evidence is in place to support a valid rating based on a debilitating condition that was caused or worsened by military service.

Another reason for people to seek out a veterans disability lawyer is because they've been waiting too long to get their benefits. The lawyer can help determine the missing documents, and then make the request for these documents to the VA.

Having a veterans disability attorney can also alleviate 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. Some attorneys are veterans and this gives them a unique empathy for their clients and make them more invested in their cases. 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 option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence that was presented in the original claim, and then make a new decision. The senior reviewer can either confirm or reverse the previous decision to rate.

The veteran or their representative can ask for an informal conference with the senior reviewer to discuss the case, but only one such conference is allowed. For this meeting, it is important to prepare and present your case's facts in a concise manner. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the earlier reviewer in the case of a disability claim which could include failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these errors by changing a previous decision however only when it is beneficial to the claimant's interests.

A personal hearing can also be scheduled for the applicant as a result of the review at a higher-level. This provides the claimant to meet with the person who is reviewing their case and present their arguments. A lawyer who is a veteran can help you determine whether or not it's necessary to request a personal hearing, and with making and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office received the initial denial letter. The VA will then review your case once more and draft a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. 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 in order to help the VA know what you believe is wrong. Your attorney can help you on the kind of evidence to include with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you have another chance to have it reviewed by a senior reviewer in form of a Higher-Level Review. This could take anywhere from 25 months, and you should have your lawyer by with you every step of the process. If the VA refuses to accept your claim, your lawyer can request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is awarded, your attorney will prepare you for your check.

Statement of the Case

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

When a veteran files a Notice of Disagreement to his or her local VA office, the agency must conduct an investigation into the case. This involves examining the regulations, laws and evidence used to make the initial decision. This includes looking over the medical records of the veteran and, if necessary lay statements. The VA must provide the applicant with an Statement of Case that includes a list of evidence that it has reviewed.

The declaration should be written simple and clear, and also explain the reasoning for the decision, including the interpretation of the regulations and laws which affect 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 that the NOD was received. Due to the VA backlog, it may take longer for the agency to issue the document. Contact a veterans disability lawyers disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding the basis of a rating or a claim for benefits.