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

The process of obtaining veterans disability benefits can be a challenge. A lawyer who is a veterans disability attorney can guide you through the process.

It's essential to find a lawyer who limits their practice to disability cases, and only handles those cases at all levels of appeal. This will ensure you receive the best representation.

Appeals

When the VA rejects or doesn't consider a claim, the veteran or the surviving spouse can file an appeal. This is a complex and time-consuming process that can be complicated even by the most basic disability claims. A veteran disability lawyer can help you understand the various options available and obtain the benefits you deserve.

The most common reason people need to submit a disability claim is because they are not happy with their disability ratings. In this case, the lawyer can ensure that all the evidence is in place to support a valid rating based on a disability condition caused or exacerbated by military service.

A veteran disability lawyer might be needed by those who have had to wait too long for their benefits. The lawyer can help determine what documents are not available, and then submit an application for these records to the VA.

A lawyer for veterans' disability 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 have. Some attorneys are veterans themselves which can give them a unique type of compassion for Veterans their clients. They also make them more invested in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence provided in the original claim, Veterans and make a fresh determination. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is permitted. At this conference it is important to prepare and present your case facts in a concise manner. An attorney with expertise in veterans disability can help you prepare and participate at the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of the disability claim. For example, if the earlier reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer may alter an earlier decision regarding the same claim in order to correct these kinds of errors however only if the changes are beneficial to the applicant.

The more extensive review can result in a private hearing for the applicant, which gives the claimant an opportunity to talk to those who are reviewing the claim and explain their arguments. A veterans disability lawyer can help determine whether it is required to request a personal hearing, and with preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached an assessment, you may make a formal notice of disagreement within one year of the date the local office gives you the original denial notice. The VA will review your case once more and prepare an official statement of the case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability lawyer can help complete this form in a way that is effective in contesting the decision. It is not necessary to list every reason why you are not with the decision; however it is recommended to be specific in order that the VA is aware of what you believe to be wrong. Your attorney can help you decide what 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 point, you have another chance to review it by an experienced reviewer in form of an Higher-Level Review. This process could take as long as 25 months and you should be in contact with your lawyer at all times. If the VA is unable to resolve your claim, your lawyer could request that a hearing be conducted before an Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans disability lawsuits receive compensation for injuries, illnesses and conditions they've endured during their time of service. However the VA is a huge bureaucracy and it is easy to get lost in the system. A veteran disability attorney can help you navigate the process and provide crucial assistance for those seeking assistance.

When a veteran files a Notice of Disagreement with his her local VA office, the agency must conduct an examination of the case. This involves examining the regulations, laws and evidence used to reach the original decision. Also, it involves looking over the medical records of the veterans and, if needed lay statements. The VA must provide the claimant with an official statement of the case which includes a listing of all evidence that it has looked over.

This statement should describe in plain language the reasoning behind the decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address all the contentions the claimant raised in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days of when the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the statement. 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.