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

The process of getting veterans disability benefits can be overwhelming. The right veterans disability attorney can assist you from beginning to end.

It's essential to find a lawyer who limits their practice to disability cases and only handles these cases at all levels of appeal. This will ensure that you get the best legal representation.

Appeals

If the VA denies or does not consider a claim, the spouse of the deceased can file an appeal. This is a lengthy and lengthy procedure that can be complicated, even for the most basic disability claims. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

One common reason that people need to file a disability claim is because they are not happy with their disability ratings. In this situation, the lawyer can ensure that the evidence is there to support an appropriate rating based on a disabling condition caused or exacerbated by military service.

Another reason that people tend to require a veterans disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are not available, and then submit an inquiry for these records to the VA.

The help of a veterans disability lawsuits disability attorney can also help you deal with the VA away from your shoulders. This allows you to focus on your health and any other responsibilities that you may have. Some lawyers are veterans themselves and this gives them a unique type of empathy for their clients and make them more invested in their cases. This can make a huge 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 option is a decision-review option that allows an experienced reviewer to analyze the same evidence that was presented in the original claim, and make a new determination. The senior reviewer can choose to either confirm or reverse 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, however, only one such conference is allowed. It is essential to be prepared and provide the facts of your case in a clear manner during this meeting. A veterans disability attorney can assist you in preparing and take part in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted evidence or made errors in the law. The senior reviewer can change the previous decision made on the same claim in order to correct these errors however only if the changes are advantageous to the person filing the claim.

A personal hearing may be scheduled for the claimant as a result of the review at a higher level. This gives the claimant to meet the person reviewing their claim and present their arguments. A veteran disability lawyer can help determine whether a personal hearing is needed and can also prepare and present evidence during the hearing.

Notice of Disagreement

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

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't need to list every reason why you are not with the decision. However it is recommended to be specific so that the VA knows exactly what you believe is incorrect. Your attorney can provide guidance on what evidence to submit in the NOD for example, statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, then you can have it reviewed again by a senior reviewer through a Higher Level Review. This can take up to 25 months, and you must have an attorney on with you every step of the procedure. If the VA refuses to accept your claim, your lawyer can request a hearing to 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 your check.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries, and conditions they have suffered during their service. However the VA is a huge bureaucracy and it's easy to get lost in the system. A veteran disability attorney can assist in navigating the process and provide much-needed assistance to claimants.

The VA must review the case after a veteran has filed the Notice of Dispute to the local VA office. This includes looking into the regulations, laws, and evidence used in the initial decision. This includes reviewing the medical records of the veteran as well as in the event of a need, lay statements. The VA must provide the claimant with an official statement of the case which is a list of all evidence that it has looked over.

This statement should describe clearly the reasoning behind the decision, including how it interpreted the laws and regulations that impacted the case. It should address any claims made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. However, due to the VA backlog, the agency may take longer to mail the document. If you are a veteran appealing an appeal of a rating decision or claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.