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

The process of getting veterans disability benefits can be overwhelming. A veterans disability lawyer can guide you through the process.

It's important that you find an attorney that only handles disability law and cases of this nature at all levels of appeal. This ensures that you're getting the best representation.

Appeals

When the VA refuses to approve a claim or fails to approve benefits, it allows the veteran or his her surviving spouse to appeal. This is a complex and time-consuming process that can be complicated even with the most basic disability claims. A veterans disability lawyer can assist you in understanding the options available to you and get the benefits you deserve.

A common reason for people to file a claim for disability is because they are unhappy with their disability rating. In this situation a lawyer can be sure that there is enough evidence to support the proper rating due to a condition caused or veterans disability made worse by military service.

Another reason that people tend to require a veteran disability lawyer is that they have been waiting for too long to receive 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 relieve the burden of dealing with the VA away from you. This will let you concentrate on your health and any other responsibilities that you may have. Some lawyers are veterans and this can result in an exceptional compassion for their clients. This can make a huge difference in the result 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 do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence that was presented in the original claim and make a fresh decision. The senior reviewer may confirm or reverse the previous rating decision.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one of these conferences is allowed. It is essential to be prepared and present the facts of your case in a concise manner at this time. A veterans disability lawsuit disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews are often utilized to correct errors made by the earlier reviewer in a disability case that result in failing to interpret evidence or making mistakes in the law. The senior reviewer can alter an earlier decision regarding the same claim to rectify these errors, but only if those modifications are beneficial for the claimant.

The higher-level review could result in a personal hearing for the applicant, which is an opportunity to connect with the person who will be reviewing the claim and explain their arguments. A veterans disability lawyer can help determine whether a personal hearing is required, as well as prepare and present the evidence for the hearing.

Notice of Disagreement

After 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 when the local office mails you its original denial letter. The VA will then review your claim 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 to fill out the form correctly to appeal the decision. It is not necessary to list every reason that you disagree with the decision. However it is better to be specific in order that the VA is aware of what you believe to be wrong. Your attorney can help you determine which evidence to include in the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this stage, then you can have it reviewed again by a senior reviewer through a Higher Level Review. This could take up to 25 months, and it is important to have your lawyer by all the procedure. If the VA denies your claim your lawyer can request an appearance 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 passed many laws to ensure that veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. However the VA is a huge bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can help applicants navigate the system and offer the needed assistance.

If a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct a review of the case. This includes examining the laws, regulations and the evidence used to make the initial decision. This includes reviewing the medical records of the veteran and at times, 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 be 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 allegations raised by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date on which the NOD was filed. However, due to the VA backlog, the agency may take longer to issue this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding a rating or a claim for benefit.