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

The process of getting veterans disability benefits can be a challenge. A qualified veterans disability lawyer can help you navigate it from beginning to end.

It's essential to locate a lawyer that limits their practice to disability cases and only handles those cases at every level of appeal. This will ensure that you get the best representation.

Appeals

When the VA decides to deny or not approve a claim, the veteran or the surviving spouse can appeal. This is a complex and lengthy process that could be complicated even by the most basic disability claims. A veteran disability lawyer can help you understand your options and obtain the benefits you deserve.

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

A veterans disability lawyer could be needed by those who have had to wait too long for their benefits. The lawyer can help determine what documents are missing, and then make the request for these documents to the VA.

The help of a veterans disability attorney can also help you deal with the VA away from you. This will allow you to concentrate on your health and other responsibilities that you may have. Some lawyers are veterans themselves, and this can give them a unique level of empathy with their clients and give them a greater stake in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence provided in the original claim, and then make a new decision. The senior reviewer can confirm or reverse the previous rating decision.

A veteran or their agent may request an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. At this conference it is important to prepare and present your case's facts clearly. An attorney who is specialized in veterans ' disability can help to prepare 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 the evidence or made mistakes in the law. The senior reviewer is able to alter the previous decision made on the same claim in order to fix these types of mistakes but only if the changes are advantageous to the claimant.

The more extensive review can result in a private hearing for the applicant, which gives them the chance to speak with the person who is reviewing the claim and to explain the arguments. A veterans disability lawyer can help you determine whether it's necessary to request a personal hearing, and also with preparation and presenting evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year of the date that the local office sends you its original denial letter. The VA will examine your claim once more and draft a Statement of the Case.

In order to file a disagreement, you should use VA Form 21-958. A disability attorney can help you complete the form correctly so that it is effective in appealing the decision. You don't have to list all the reasons you disagree with the VA's decision, but it is advisable to be specific in order to assist the VA know what you believe is wrong. Your attorney can provide guidance about the type of evidence you can submit with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this point, you can ask to have it reviewed by a senior reviewer through an Higher Level Review. The process can take between 25 and about 25 months and you must be in contact with your lawyer at all times. If the VA rejects your claim, your lawyer can request an appeal before an Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries and other ailments they've suffered during their time of service. The VA is a big bureaucracy and it's not difficult to be lost. A veteran disability lawyer can help people navigate the system and provide the much-needed assistance.

The VA must review the case after a veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the laws, regulations and the evidence used to make the original decision. Also, it involves looking over the medical records of the veterans and when necessary, lay statements. The VA must provide the claimant with the Statement of Case which includes a list of evidence it has analyzed.

This statement should explain in clear language the reasoning behind its decision, and how it interprets the laws and regulations that affected the case. It should address all the assertions made by the claimant in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the document. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.