How a veterans disability attorneys Disability Attorney Can Help You Get the Benefits You Deserve

The process of applying for benefits from veterans disability may seem overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.

It's essential to find a lawyer who limits their practice to disabilities and only handles those cases at every level of appeal. This ensures that you're receiving the best representation.

Appeal

If the VA rejects or doesn't approve a claim, either the spouse or the veteran who is surviving may appeal. This is a complex and lengthy procedure that can be complicated even by the most straightforward disability claims. A veteran's disability attorney can help you understand your options and help you get the benefits you deserve.

A common reason why people file a claim for disability is that they are not satisfied with their disability rating. In this situation an attorney can make sure that there's enough evidence to support the proper rating in light of a condition that was caused or aggravated by military service.

A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can help determine the missing documents and submit a request the VA for those records.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, as well as any other responsibilities you may have. Some attorneys are veterans themselves, and this can give them a unique compassion for their clients and create a deeper investment 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) allows veterans to have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence presented in the original claim and then make an entirely new decision in the case. The senior reviewer is able to affirm or reverse the previous decision to rate.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, however, only one of these conferences is permitted. For this meeting, it is important to prepare and present your case facts in a clear manner. A veteran disability attorney can help you prepare and take part in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of an appeal for disability. For example, if the earlier reviewer misinterpreted evidence, or made errors in the law. Senior reviewers can correct these errors by reversing a previous decision but only if it is in the best interests of the claimant.

A personal hearing may be arranged for the claimant as a result of the review at a higher-level. This gives the claimant to meet with the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can assist with determining whether or not it is necessary to request a private hearing, as well as with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year from the date the local office issued the original denial letter. The VA will review the claim again and issue a Statement of the Case.

In order to file a disagreement, you should use VA Form 21-958. A disability attorney can assist you complete the form correctly so that it is effective in appealing the decision. It is not necessary to list all the reasons you do not agree with the VA's decision, but it is advisable to be specific in order to assist the VA determine what you think is wrong. Your attorney can help you determine 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 stage, then you can request that it be reviewed again by a senior reviewer through an Higher Level Review. This process can take up to 25 months, and you should be in contact with your lawyer at all times. If the VA refuses to accept your claim, your attorney can request an appointment with a Veterans Law judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for their ailments, injuries and illnesses that they suffer during their service. However, the VA is a massive bureaucracy and it's easy to become lost in the system. A veteran disability attorney can guide you through the process and offer much-needed assistance for those who are seeking benefits.

The VA must review the case following the time a veteran has filed an Notice of Dispute at the local VA office. This involves examining the laws, regulations and evidence used to make the initial decision. It also involves examining the veteran's medical records and when necessary, lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence that it has reviewed.

The statement should be in plain language and provide the reasoning for the decision, including the interpretation of the law and regulations which affect the case. It should address the allegations made by the claimant in the 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 document. If you're a veteran attempting to appeal a decision on your rating or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.