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

The process of applying for benefits from veterans disability may seem overwhelming. The right attorney for veterans can help you navigate it from start to finish.

It is essential to find an attorney who only practices disability law and handles cases of this nature at all levels of appeal. This ensures you're getting the best representation.

Appeals

When the VA rejects a claim or does not approve benefits, it allows the veteran or or spouse who is surviving to appeal. This is a lengthy and lengthy process that can be complicated, even for the simplest disability claims. A veterans disability lawsuit disability attorney can help you understand your options and ensure you receive the benefits you deserve.

The most common reason why people declare a disability claim is that they are not satisfied with their disability rating. In this case, a lawyer can make sure that the evidence is there to support a fair rating based on a debilitating condition that was caused or worsened by military service.

A veteran disability lawyer might be needed by those who have waited too long to get their benefits. The lawyer can help determine what documents are missing, and then make an application for these records to the VA.

A veteran disability lawyer can also take away the burden of dealing directly with the VA. This allows you to concentrate on your health and other obligations that you may have. Certain attorneys are veterans themselves, and this can give them a unique level of compassion for their clients. They also increase the stakes in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the veterans disability Law Firms 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 procedure that allows an experienced reviewer to examine the same evidence presented in the original claim, and make a fresh determination. The senior reviewer is able to affirm or reverse the previous rating decision.

The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, but only one such conference is permitted. It is important to be prepared and provide your case in a clear manner during this meeting. An attorney with expertise in veterans ' disability can help you prepare and participate at the informal conference.

Higher-level reviews can be used to correct mistakes made by the earlier reviewer in a disability claim which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer can alter an earlier decision on the same claim to fix these types of mistakes, but only if those modifications are beneficial to the applicant.

The more thorough review may result in a personal hearing for the claimant which gives the claimant an opportunity to speak with those who are reviewing the claim and to explain their arguments. A veterans disability lawyer can assist in determining whether the need for a personal hearing is justified and prepare and present evidence during the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office mailed you the initial denial letter. The VA will review your case again and issue an official statement of the case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. You do not have to list every reason you don't agree with the VA's decision but it is advisable to be specific and help the VA determine what you think is wrong. Your attorney can help you decide what evidence to include in the NOD. This could include statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it reviewed by a senior judge through a Higher Level Review. This could take anywhere from 25 months, and it is important to have your lawyer by your side every step of the way. If the VA continues to deny your claim, your lawyer can request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for injuries, illnesses and other ailments that they suffer during their service. However, the VA is a massive bureaucracy that is easy to be lost within the system. A veteran disability attorney can help you navigate the process and offer much-needed assistance for claimants.

When a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an investigation of the case. This includes examining 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 send the claimant a Statement of the Case which is a list of all the evidence it has looked over.

The statement should outline clearly the reasoning behind the decision, and how it interprets the laws and regulations that impacted the case. It should address the issues that the claimant has made in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is appealing a decision on the basis of a rating or a claim for benefits.