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

The process of getting veterans disability benefits can be overwhelming. A veteran disability lawyer can guide you through the procedure.

It's essential to find an attorney that only has experience in disability law and who handles these cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeals

When the VA decides to deny or not consider a claim, the spouse or the veteran who is surviving may appeal. This is a lengthy and lengthy process that could be complicated even with the most simple 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 people have to declare a disability claim is because they are not content with their disability status. In this case an attorney can make sure that there is sufficient evidence to back the appropriate rating in light of a condition that was caused or made worse by military service.

Another common reason for people to require a veterans disability lawyer is because they have been waiting too long to get their benefits. The lawyer can help determine what documents are missing and then submit a request for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will give you time to concentrate on your health, and any other obligations you might have. Some lawyers are veterans, and this can result in an unmatched empathy for their clients. 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 disability Law firms have more options if they do not agree with VA decisions regarding 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 fresh decision. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their representative could arrange for an informal conference to discuss the case with the senior reviewer. However only one conference is permitted. It is crucial to be prepared and explain the facts of your case in a concise way at this conference. An attorney with expertise in veterans disability can help you prepare and participate at the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of a disability claim. For instance when the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer may alter a prior decision on the same claim to fix these types of mistakes but only if the modifications are beneficial for the applicant.

A personal hearing could be arranged for the claimant as a result of the review at a higher level. This provides those seeking to be heard by the person who is reviewing their claim and discuss their arguments. A veteran disability lawyer can help determine whether or not a personal hearing is required and can also prepare and present the evidence for the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you can file a notice of disagreement within one year from the date when the local office mails you the original denial notice. The VA will then review your claim again and issue a Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you complete the form in a way that is effective in appealing the decision. It is not necessary to list every reason that you disagree with the decision; however it is better to be specific so that the VA can understand exactly what you believe to be wrong. Your attorney can help you on the kind of evidence to include with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed by a senior judge through an Higher Level Review. The process can take between 25 and approximately 25 months. You should be in contact with your attorney throughout the process. If the VA refuses to accept your claim, your attorney can request a hearing before a Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for their injuries, illnesses, and other conditions that they suffer during their service. But the VA is a massive bureaucracy and it's easy to get lost in the system. A veteran disability attorney can help you navigate the process and provide vital assistance to those seeking assistance.

Once a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct an investigation of the case. This includes looking into the regulations, laws, and the evidence used to make the initial decision. It also involves examining the veteran's medical records and in the event of a need, lay statements. The VA must provide the claimant with a Statement of the Case which is a list of all evidence that it has reviewed.

The statement should state in clear language the reasoning behind the decision, as well as how it interpreted the laws and regulations that impacted the case. It should address the issues raised by the claimant in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date on which the NOD was filed. However, due to the VA backlog it could take longer to mail the document. If you're a veteran attempting to appeal the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.