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

The process of applying for veterans disability benefits can appear overwhelming. A qualified veterans disability lawyer can assist you from beginning to end.

It's essential to choose a lawyer who restricts their practice to disability cases and only handles these cases at each level of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA denies or does not approve a claim, either the veteran or the surviving spouse can appeal. It is a difficult and lengthy process that could be complicated even for the most simple disability claims. A veterans disability lawyer can help you understand the options available to you and get the benefits you deserve.

A common reason why people submit a claim for disability is that they are not satisfied with their disability rating. In this situation an attorney can make sure that there is enough evidence to support an appropriate rating for a condition that is that is caused or worsened by military service.

A veterans disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and then make a request for these records to the VA.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This allows you to concentrate on your health and any other obligations you have. Some attorneys are veterans which can give them a unique level of compassion for their clients and create a deeper investment in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to examine the same evidence that was presented in the original claim and make a new decision on the case. The senior reviewer can confirm or reverse the previous decision to rate.

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

The higher-level review is often used to correct mistakes made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer can change the previous decision made on the same claim to rectify these mistakes however only if the changes are beneficial to the person filing the claim.

The more extensive review can lead to a personal hearing for the claimant, which provides an opportunity to connect with those who are reviewing the claim and present the arguments. A veterans disability lawyer can help you determine whether or not it's required to request a personal hearing, and with preparing and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you can make a formal notice of disagreement within one year of the date on which the local office sends you its original denial letter. The VA will examine your claim once more and draft an official statement of the case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. It is not necessary to list all the reasons you do not agree with the VA's decision however, it is recommended to be specific in order to assist the VA know what you believe is wrong. Your attorney can assist you in deciding what evidence to include with the NOD. These could be statements from medical professionals, or results of diagnostic tests.

If your appeal is rejected at this point, you can have it reviewed by a senior reviewer through an Higher Level Review. This can take up to 25 months, and it is important to have your attorney at with you every step of the process. If the VA still denies your claim, your lawyer could request a hearing to be conducted before a Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses and conditions suffered during service. However, the VA is a massive bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the needed assistance.

The VA must examine the case after a veteran has filed a Notice of Dispute with the local VA office. This includes looking at the laws, regulations and the evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as, if necessary lay statements. The VA must provide the applicant with a Statement of Case, which includes a list with evidence it has analyzed.

The statement should outline clearly the reasoning behind the decision, including how it interprets the laws and regulations that impacted the case. It should address any claims made by the claimant 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 it could take longer to mail this document. If you are a veteran attempting to appeal an appeal of a rating decision or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.