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 guide you from start to finish.

It's essential to find a lawyer who has a limit on their law practice to disability cases and Veterans Disability Lawyer exclusively handles these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA rejects a claim or does not accept benefits, it permits the veteran or his the spouse who died to appeal. This is a lengthy and lengthy process that could be complicated even for the most simple disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason why people file a claim for disability is because they are dissatisfied with their disability status. In this case, the lawyer can make sure that the evidence is in place to justify a proper rating based upon a disabling condition that is caused or exacerbated by military service.

A veterans disability lawyer may be needed by those who have waited too long to get their benefits. The lawyer can help determine the missing documents, 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 focus on your health and any other obligations you might have. Some attorneys are veterans themselves which can give them a unique type of empathy with their clients and make them more invested in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the veterans disability lawsuits 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 permits an experienced reviewer to analyze the same evidence presented in the original claim and make a fresh determination. The senior reviewer can choose to either affirm or reverse the previous rating.

The veteran or their representative may request a meeting with the senior reviewer to discuss the case, however, only one conference is allowed. It is crucial to be prepared and provide your case in a clear manner at this time. A veteran disability attorney can help you prepare for and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For example in the event that the previous reviewer misinterpreted evidence or made errors in the law. Senior reviewers can correct the errors by reversing a previous decision however only when it is in the best interests of the claimant.

The more thorough review may result in a hearing for the claimant, which is an opportunity to meet with those who are reviewing the claim and explain their arguments. A veterans disability lawyer can assist in determining whether it is necessary to request a private hearing, and with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office sent you the initial denial letter. The VA will then review your claim once more and draft a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't need to list every reason why you disagree with the decision. However it is best to be specific in order that the VA is aware of what you believe to be incorrect. Your attorney can help you determine the evidence you should include in the NOD. This could include statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this point, you can request that it be reviewed again by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you must have your attorney by your side every step of the procedure. If the VA refuses to accept your claim, your lawyer could request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for their injuries, illnesses, and other conditions suffered during service. The VA is a massive bureaucracy, and it's easy to be lost. A veteran disability attorney can help navigate the process and offer much-needed assistance for claimants.

If a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an investigation into the case. This includes examining the laws, regulations and the evidence used to make the initial decision. This includes looking over the medical records of the veteran as well as at times, lay statements. The VA must provide the claimant with a Statement of Case which is a list of all the evidence it has looked over.

The statement should be written in plain English and should explain the reasoning of the decision, which should include the interpretation of the laws and regulations that affect the case. It should address the issues raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was received. However due to the VA backlog it could take longer to mail the document. If you're a veteran attempting to appeal the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.