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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 veterans disability attorney can help you navigate it from beginning to end.

It's important that you choose an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure that you get the best legal representation.

Appeals

If the VA rejects a claim or fails to approve benefits, it gives the veteran, or his or spouse who survives to file an appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability lawyer can assist you in understanding all your options and help you get the benefits you deserve.

One common reason that people are required to make a disability claim is because they are not happy with the disability rating they have received. In this case, the lawyer can make sure that the evidence is in place to support an appropriate rating based on a debilitating condition that is caused or exacerbated by military service.

Another reason that people tend to need a veterans disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can assist in determining the missing documents and submit a request the VA for those records.

A veteran disability attorney can also take the burden of dealing with the VA away from you. This allows you to focus on your health and any other obligations you have. Some attorneys are veterans themselves and this can provide them a unique compassion for their clients. They also give them a greater stake in their cases. This could make a significant 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 if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to look at the same evidence provided in the original claim, and make a fresh decision. The senior reviewer may confirm or reverse the previous decision to rate.

The individual or the representative of the veteran can ask for an informal conference with the senior reviewer to discuss the case, however, only one such meeting is permitted. At this conference, it is important to prepare and present your case's details in a concise manner. An attorney who is specialized in veterans disability can help you prepare for and participate in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of a disability claim. For instance an earlier reviewer misinterpreted evidence or made errors in the law. Senior reviewers can correct these errors by changing a previous decision but only if it is in the best interest of the claimant.

A hearing at a personal level can be scheduled for the applicant as a result of the review at a higher level. This is an opportunity for the claimant to meet the person who is reviewing their case and present their arguments. A veterans disability lawyer can help determine whether or not it's necessary to request a personal hearing, as well as creating and presenting evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office sent you the original denial letter. The VA will review the claim again and prepare a Statement of Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist to fill out the form correctly to appeal the decision. You do not have to list all the reasons you do not agree with the VA's decision but it is important to be specific in order to help the VA know what you believe is wrong. Your attorney can provide guidance on what evidence to submit in the NOD like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you have another chance to have it reviewed by an experienced reviewer in the form of A Higher-Level Review. This process could take up to up to 25 months, and you should be with your attorney throughout the process. If the VA is unable to resolve your claim, your lawyer can request a hearing to be conducted before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for injuries, illnesses and conditions incurred during service. The VA is a large bureaucracy, and it's easy to be lost. A veteran disability lawyer can help navigate the process and offer much-needed assistance for claimants.

When a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct a review of the case. This involves examining the laws, regulations, and evidence used in the initial decision. This also includes looking at the veteran's medical records and, if needed lay statements. The VA must provide the applicant with an official statement of case which contains a list of evidence that it has examined.

The statement should be in plain language and provide the reasoning of the decision, which should include the interpretation of the regulations and laws that affect the case. It should address the allegations raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. Due to the VA backlog, it may take the agency longer to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision over an assessment or claim for benefits.