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

The process of applying for veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can help you navigate it from start to finish.

It's important to locate a lawyer that limits their practice to disability cases and only handles those cases at each level of appeal. This will ensure you receive the best legal representation.

Appeal

If the VA denies a claim, or does not approve benefits, it gives the veteran, or his or spouse who is surviving to file an appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran's disability attorney can assist you in understanding your options and get the benefits you deserve.

The most common reason for people to declare a disability claim is because they are dissatisfied with their disability status. In this case, the lawyer can make sure that the evidence is sufficient to support a fair rating based on a disabling condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are not available, and then submit an application for these records to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will let you focus on your health and other obligations you might have. Some lawyers are veterans, and this may result in a unique compassion for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the veterans disability law firm Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to examine the same evidence as was presented in the original claim and then make an additional decision on the case. The senior reviewer has the choice to either confirm or reverse the previous rating.

A veteran or their agent may request an informal meeting to discuss the case with the senior reviewer. However, only one conference is permitted. It is crucial to be prepared and be able to present the facts of your case in a concise way at this conference. An attorney who specializes in the field of disability for veterans can help you prepare and participate in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the reviewer who was earlier in the case of a disability claim which could include not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these mistakes by changing the previous decision however only if it is in the claimant's best interest.

A hearing at a personal level can be arranged for the claimant in the wake of the higher-level review. This is a chance for those seeking to be heard by the person who will be reviewing their claim and present their arguments. A veterans disability lawyer can assist with determining whether or not it is required to request a personal hearing, as well as preparing and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office mailed you the initial denial letter. The VA will review your claim again and issue an official statement of the case.

You should use 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 don't have to list every reason you disagree 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 guide you about the type of evidence you can submit with the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can have it re-examined by a senior reviewer through a Higher Level Review. This can take up to 25 months, and you must have an attorney on all the process. If the VA refuses to accept your claim, your lawyer may request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are compensated for their injuries, illnesses, and other conditions caused by their service. But, the VA is a massive bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can assist people navigate the system and offer the much-needed assistance.

The VA must review the case after a veteran has filed an official Notice of Dispute with the local VA office. This involves examining the laws, regulations and evidence used to reach the original decision. This also includes looking at the medical records of the veterans and when necessary lay statements. The VA must provide the applicant with an official statement of case which contains a list of evidence it has analyzed.

The statement should be written in plain English and should explain the reasoning for the decision, including the interpretation of the law and regulations that affect the case. It should address the issues made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. Due to the VA backlog, it might take longer for the agency to issue the document. If you're a veteran appealing a decision on your rating or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.