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

The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It's important that you locate an attorney who practices disability law and handles these cases at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeal

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

A common reason people file a claim for disability is that they are unhappy with their disability status. In this situation a lawyer can be sure that there is enough evidence to justify a rating that is appropriate based on a condition caused or aggravated by military service.

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

A veterans disability lawsuits disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you to focus on your health and any other responsibilities that you may have. Certain attorneys are veterans themselves, and this can give them a unique type of compassion for their clients and increase the stakes in their cases. This can make a big 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 when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits the senior 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 either affirm or reverse the previous rating.

The veteran or their representative can ask for an informal conference with the senior reviewer to discuss the case, but only one conference is permitted. For this meeting it is crucial to prepare and present your case's details clearly. A lawyer for veterans may help you prepare and participate in the informal conference.

Higher-level reviews can be used to correct mistakes by the earlier reviewer in a disability case that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers are able to correct these mistakes by changing the previous decision however only when it is in the best interests of the claimant.

A personal hearing can also be arranged for the claimant as a result of the review at a higher level. This is a chance for those seeking to be heard by the person who is reviewing their case and to present their case. A veterans disability lawyer can help determine whether or not it's necessary to request a private hearing, as well as with preparation and presenting evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office received the original denial letter. The VA will examine your claim again and create a Statement of the Case.

If you want to file a dispute, you should use VA Form 21-958. A disability attorney can assist complete this form in a way that is effective in contesting the decision. You don't have to list every reason why you disagree with the decision; however it is best to be specific in order that the VA can understand exactly what you believe is incorrect. Your attorney can assist you in deciding which evidence to include in the NOD. This could include statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined again by a senior reviewer through a Higher Level Review. This could take anywhere from 25 months, and it is important to have your attorney by your side throughout the process. If the VA continues to deny your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for their injuries, illnesses, and other conditions incurred during service. But, the VA is a huge bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can assist people navigate the system and offer the assistance they need.

If a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an investigation of the case. This involves examining the laws, regulations and evidence used to make the original decision. This also includes looking at the medical records of the veteran as well as when necessary lay statements. The VA must provide the applicant with the Statement of Case which contains a list of evidence that it has examined.

The statement should be in plain language and provide the reasoning behind the decision, as well as the interpretation of the regulations and laws affecting the case. It should address the issues made by the claimant in his or her NOD.

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