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

The process of obtaining veterans disability law firms disability benefits can be overwhelming. A veteran disability lawyer can help you navigate the process.

It's important to find a lawyer who has a limit on their law practice to disability cases, and only handles those cases at all levels of appeal. This will ensure that you get the best representation.

Appeal

If the VA rejects a claim or does not approve benefits, it gives the veteran or his her surviving spouse to file an appeal. It is a difficult and lengthy process that can be complicated even for the simplest disability claims. A veteran disability lawyer can help you understand the various options available and obtain the benefits you deserve.

The most common reason people have to submit an claim for disability is because they are not content with their disability status. In this case an attorney can make sure that there is enough evidence to justify an appropriate rating for a condition that is caused or aggravated by military service.

Another reason that people tend to need a veterans disability lawyer is because they've waited too long for benefits. The lawyer can help determine what documents are missing and submit a request to the VA for those records.

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This allows you to focus on your health and any other obligations you might have. Certain attorneys are veterans themselves and this gives them a unique type of empathy for their clients and create a deeper investment 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) allows veterans to have more options when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence as in the original claim, and make a fresh decision. The senior reviewer can choose to either affirm or reverse the previous rating.

A veteran or their agent may request an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. For this meeting, it is important to prepare and present your case's details in a clear way. A veteran disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the previous reviewer on the case of a disability claim, such as failing to interpret evidence or making mistakes in the law. The senior reviewer may alter an earlier decision on the same claim to rectify these mistakes but only if the changes are beneficial to the person filing the claim.

The more extensive review can lead to a personal hearing for the applicant, which provides an opportunity to talk to the person who will be reviewing the claim and explain their arguments. A veterans disability lawyer can assist in determining whether a personal hearing is required, as well as prepare and present evidence for the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to an assessment, you may submit a notice of disagreement within one year of the date when the local office sends you the initial denial letter. The VA will then review your claim again and prepare a Statement of Case.

If you want to file a dispute, you should use VA Form 21-958. A disability attorney can help to fill out the form correctly so that it is effective in appealing the decision. You don't need to list every reason you don't agree with the decision; however, it is better to be specific so that the VA can understand exactly what you believe to be incorrect. Your attorney can help you decide what evidence to include with the NOD. These could be statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, you can request that it be reviewed by a senior reviewer through an Higher Level Review. This process could take as long as 25 months and you should be with your attorney at every step. If the VA denies your claim, your attorney may request an appeal 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 passed numerous laws to ensure veterans receive compensation for illnesses, injuries, and ailments they've experienced 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 assist in navigating the process and offer much-needed assistance for those who are seeking benefits.

The VA must examine the case once the veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the laws, regulations and evidence used in the initial decision. This includes looking over the veteran's medical record and, if necessary, lay statements. The VA must provide the applicant with a Statement of Case, which contains a list of evidence it has analyzed.

The statement should be in plain language and provide the reasoning of the decision, which should include the interpretation of the law and regulations affecting the case. It should address the allegations raised by the claimant in the 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, it could take the agency longer to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about an assessment or claim for benefits.