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

The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability lawyer can guide you from start to finish.

It's important to choose a lawyer who restricts their law practice to disabilities and only handles those cases at each level of appeal. This will ensure that you get 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. It is a difficult and lengthy process that could be complicated even with the most basic disability claims. A veterans disability attorney can help you understand your options and get the benefits you deserve.

The most common reason people have to submit a disability claim is because they are not satisfied with the disability rating they have received. In this instance, the lawyer can make sure that all the evidence is in place to support a valid rating based on a disabling condition caused by or aggravated by military service.

A veterans disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can assist in determining the missing documents, and then make the request for these documents to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you time to focus on your health and any other responsibilities you may have. Certain attorneys are veterans and this can result in an unmatched empathy for their clients. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to examine the same evidence presented in the original claim, and make a fresh determination. The senior reviewer may affirm or reverse the previous decision to rate.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, but only one such meeting is allowed. It is essential to be prepared and explain your case in a clear manner during this meeting. A veterans disability attorney can help you prepare for and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For example an earlier reviewer misinterpreted evidence or committed errors in the law. The senior reviewer may alter the previous decision made on the same claim in order to correct these kinds of errors however only if those modifications are beneficial to the person filing the claim.

The higher-level review can also result in a personal hearing for the claimant, which gives them the chance to speak with the person reviewing the claim and present the arguments. A veterans disability lawyer can help you determine whether it is required to request a personal hearing, and with creating and presenting evidence during the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued an assessment, you may submit a notice of disagreement within one year from the date when the local office has sent you the initial denial letter. The VA will then review your claim again and issue a Statement of Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. It is not necessary to list every reason you do not agree with the VA's decision but it is advisable to be specific and help the VA know what you believe is wrong. Your attorney can help you decide what evidence to include with the NOD. These could be statements from medical professionals or 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. This process can take up to 25 months, and you should be with your lawyer throughout the process. If the VA denies your claim your attorney may request an appearance before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for injuries, illnesses and conditions that they suffer during their service. But, the VA is a massive bureaucracy that is easy to get lost in the maze of regulations. A veteran disability attorney can guide you through the process and provide vital assistance for those seeking assistance.

Once a veteran has filed a Notice of Disagreement to his or her local VA office, the VA must conduct a review of the case. This includes looking at the regulations, laws and evidence used in making the original decision. Also, it involves looking over the medical records of the veteran as well as when necessary, lay statements. The VA must provide the applicant with an official statement of case which includes a list of evidence that it has reviewed.

The declaration should be written in plain language and provide the reasoning of the decision, which should include the interpretation of the law and regulations relevant to the case. It should address all contentions the claimant raised in the NOD.

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