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

The process of getting veterans disability benefits can be a challenge. The right attorney for veterans can guide you from start to finish.

It's crucial to locate an attorney who has experience in disability law and who handles these cases at all levels of appeal. This will ensure that you're receiving the best representation.

Appeals

If the VA rejects or doesn't consider a claim, the veteran or the surviving spouse may appeal. This is a lengthy and lengthy process that could be complicated even for the most basic disability claims. A veterans disability lawyer can assist you in understanding the options available to you and help you get the benefits you deserve.

The most common reason why people submit a claim for disability is because they are unhappy with their disability rating. In this situation, the lawyer can ensure that the evidence is in place to support an appropriate rating based on a disabling condition caused by or aggravated by military service.

Another common reason for people to require a veterans disability lawyer is that they've waited too long to get their benefits. The lawyer can help determine what documents are not available, and then make a request for these records to the VA.

Having a veterans disability attorney can also take the burden of dealing with the VA away from you. This will give you the time to focus on your health, as well as any other obligations you might have. Certain attorneys are veterans and this may result in an unmatched compassion for their clients. This can make a major 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 on their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to look at the same evidence as was presented in the original claim and then make a new decision on the case. The senior reviewer may confirm or reverse the previous rating decision.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, however, only one such meeting is allowed. It is crucial to be prepared and be able to present the facts of your case in a clear way at this conference. An attorney for veterans can help you prepare for and take part in the informal conference.

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

A personal hearing may be arranged for the claimant in the wake of the review at a higher level. This provides the applicant to meet with the person who is reviewing their case and discuss their arguments. A lawyer for veterans can assist with determining whether or not it is necessary to request a private hearing, and with preparing and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office issued the initial denial letter. The VA will then review your claim once more and draft a Statement of the Case.

You should 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 don't have to list every reason you do not agree with the VA's decision but it is best to be specific and help the VA determine what you think is wrong. Your attorney can assist you in deciding 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 point, you can request that it be reviewed again by a senior reviewer through a Higher Level Review. It could take as long as 25 months, and you must have your lawyer by with you every step of the process. If the VA still denies 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 accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for injuries, illnesses and conditions incurred during service. The VA is a big bureaucracy, and it's easy to be lost. A veteran disability attorney can help you navigate the process and provide much-needed assistance to claimants.

Once a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an investigation into the case. This includes looking into the regulations, laws and evidence used in making the initial decision. This includes looking over the medical record of the veteran as well as, if necessary lay statements. The VA must provide the claimant with an official statement of the case, which contains a list of all evidence it examined.

The statement should be written in plain English and should explain the reasoning for the decision, including the interpretation of the regulations and laws that affect the case. It should address the claims raised by the claimant in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, Veterans it might take longer for the agency to issue the document. If you are a veteran appealing the decision of a rating agency or a claim for benefits, contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.