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

The process of applying for benefits for veterans disability can seem overwhelming. The right veterans disability attorney can guide you from start to finish.

It is essential to find a lawyer who has a limit on their practice to disabilities and only handles those cases at every stage of appeal. This ensures that you're receiving the best representation.

Appeals

When the VA refuses to approve a claim or does not approve benefits, it gives the veteran, or his or the spouse who died to file an appeal. This is a complex and lengthy procedure that can be complicated even with the most straightforward disability claims. A veterans disability lawyer can assist you in understanding all of your options and help you get the benefits you deserve.

One common reason that people have to make a disability claim is because they are not satisfied with their disability ratings. In this case, a lawyer can ensure that all the evidence is in place to support an appropriate rating based on a disabling condition caused or exacerbated by military service.

Another reason that people tend to require a veterans disability lawyer is that they've waited too long to receive their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for the relevant records.

Having a veterans disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This gives you the time to focus on your health, and any other obligations you might have. Some lawyers are veterans themselves and this gives them a unique type of empathy with their clients and give them a greater stake in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence that was presented in the original claim and then make a new decision. The senior reviewer is able to affirm or reverse the previous decision to rate.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, but only one such meeting is permitted. For this meeting it is crucial to prepare and present your case facts in a concise manner. A veteran disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews are typically used to correct errors made by the previous reviewer in a disability case, such as mistakenly interpreting evidence or committing errors in the law. The senior reviewer can change an earlier decision regarding the same claim in order to correct these errors however only if the modifications are beneficial for the claimant.

A hearing at a personal level can be arranged for the claimant in the wake of the review at a higher level. This is an opportunity for those seeking to be heard by the person who is reviewing their claim and explain the arguments. A lawyer who is a veteran can help determine whether it's necessary to request a personal hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year of the date the local office issued the initial denial letter. The VA will review the case again and create an Statement of Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. You don't need to list every reason that you disagree with the decision; however it is recommended to be specific so that the VA understands what exactly you believe to be incorrect. Your attorney can help you determine the evidence you should include in the NOD. This could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can request that it be reviewed by a senior judge through a Higher Level Review. It could take as long as 25 months, and you should have your attorney at with you every step of the process. If the VA refuses to accept your claim, your lawyer could request a hearing to be held before an veterans Disability law firms Law Judge to present testimony and additional evidence in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries and conditions they've endured during their service. However, the VA is a massive bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist people navigate the system and provide the assistance they need.

The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes looking at the laws, regulations and the evidence used to make the original decision. This includes reviewing the veteran's medical record and at times lay statements. The VA must provide the applicant with a Statement of Case, which contains a list of evidence it has analyzed.

The declaration should be written in plain language and explain the reasoning for the decision, including the interpretation of the regulations and laws affecting the case. It should address all claims made by the plaintiff in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of when the NOD was filed. However, due to the VA backlog it could take longer to issue this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on a rating or a claim for benefit.