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 help you navigate it from start to finish.

It's important to find a lawyer who has a limit on their law practice to disability cases and exclusively handles these cases at every stage of appeal. This will ensure you receive the best legal representation.

Appeals

If the VA refuses or fails to accept a claim, the spouse or the veteran who is surviving may appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. A veterans disability lawyer can help you understand the options available to you and obtain the benefits you deserve.

The most common reason people need to declare a disability claim is that they are not happy with their disability rating. In this case lawyers can make sure there is enough evidence to justify a rating that is appropriate based on a condition that is caused or worsened by military service.

A veterans disability lawyer may be needed by people who have not received their benefits. The lawyer can help determine what documents are not available, and then submit an inquiry for these records to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This gives you the time to concentrate on your health, as well as any other responsibilities you may have. Some attorneys are veterans disability lawsuits, and this can create an innate compassion for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Since the veterans disability lawyers Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence as in the original claim and make a fresh determination. The senior reviewer is able to confirm or reverse the previous rating decision.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, but only one of these conferences is permitted. For this meeting it is important to prepare and present your case's information in a concise manner. An attorney with expertise in the field of veterans disability can assist you prepare and participate in the informal conference.

Higher-level reviews are usually used to correct errors made by the previous reviewer in the case of a disability claim that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by altering the decision made previously however only when it is in the best interest of the claimant.

A personal hearing can also be arranged for the claimant in the wake of the review at a higher level. This gives those seeking to be heard by the person who is reviewing their claim and explain the arguments. A veterans disability lawyer can help determine whether it is necessary to request a private hearing, as well as preparation and veterans disability lawyer presenting evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you can file a written notice of disagreement within one year from the date the local office mails you the original denial letter. The VA will review your case once more and draft 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 do not have to list every reason you do not agree with the VA's decision, but it is advisable to be specific in order to assist the VA to understand what you believe is wrong. Your attorney can help you decide which evidence to include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this stage You have a second chance to review it by a senior reviewer in form of A Higher-Level Review. This could take anywhere from 25 months, and you should have an attorney on all the way. If the VA refuses to accept your claim, your lawyer may request a hearing before a Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses and conditions suffered during service. The VA is a large bureaucracy, and it's easy to get lost. A veteran disability lawyer can guide you through the process and provide much-needed assistance to applicants.

The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This involves examining the laws, regulations and evidence used to reach the initial decision. Also, it involves looking over the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with a Statement of Case, that includes a list of evidence that it has examined.

The declaration should be written in plain language and explain the reasoning behind the decision, including the interpretation of the laws and regulations that affect the case. It should address the claims that the claimant has made in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the statement. If you're a veteran seeking to appeal a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.