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

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

It is essential to choose a lawyer who restricts their law practice to disability cases, and only handles those cases at every level of appeal. This helps ensure you'll be getting the best representation.

Appeals

If the VA decides to deny or not accept a claim, the spouse or the veteran who is surviving can appeal. Even the most basic disability claim can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason why people need to make an application for disability benefits is that they are unhappy with the disability rating they have received. In this case a lawyer can be sure that there's enough evidence to back a rating that is appropriate in light of a condition that was caused or aggravated by military service.

A veterans disability lawyer may be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA to obtain those documents.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to focus on your health, and any other obligations you have. Some lawyers are veterans which can give them an unmatched compassion for their clients. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Since the veterans disability lawsuit Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence as was presented in the original claim, and then make a new decision on the case. The senior reviewer can choose to either reverse or confirm the previous rating.

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 conference is permitted. It is crucial to be prepared and provide your case in a clear way at this conference. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For example when the previous reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously, but only when it is in the best interests of the claimant.

A personal hearing could be scheduled for the claimant in the wake of the higher-level review. This is an opportunity for those seeking to be heard by the person reviewing their claim and discuss their arguments. A veterans disability lawyer can assist with determining whether it is necessary to request a personal hearing, and also with preparing and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to file a notice of disagreement within one year of the date when the local office gives you the initial denial letter. The VA will review your claim again and create a Statement of the Case.

You should make use of 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. You don't have to list every reason you don't agree with the decision; however it is better to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can assist you in deciding what evidence to include in the NOD. This could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed by a senior reviewer through a Higher Level Review. This could take up to 25 months, and you should have your lawyer by your side every step of the process. If the VA rejects your claim, your attorney can request an appearance before an Veterans Law judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for their injuries, illnesses and other ailments suffered during service. The VA is a huge bureaucracy and it's not difficult to be lost. A veteran disability lawyer can assist in navigating the process and provide vital assistance for claimants.

If a veteran files a Notice of Disagreement with his or her local VA office, the VA must conduct an investigation of the case. This includes examining the laws, regulations and evidence used in making the original decision. This includes looking over the medical record of the veteran as well as when necessary lay statements. The VA must send the claimant a Statement of Case which is a list of all evidence it has reviewed.

The declaration should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the law and regulations which affect the case. It should address all the arguments made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. Due to the VA backlog, it could take longer for the agency to issue the statement. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.