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

The process of applying for benefits from veterans disability may appear overwhelming. The right veterans disability attorney can guide you from beginning to end.

It is essential to choose a lawyer who restricts their law practice to disability cases and exclusively handles those cases at every stage of appeal. This will ensure that you get the most effective representation.

Appeals

If the VA denies a claim, or does not accept benefits, it permits the veteran or or spouse who survives to file an appeal. Even the most basic disability claims could make this a complicated and lengthy procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason for people to submit a claim for disability is because they are dissatisfied with their disability status. In this instance, the lawyer can ensure that the evidence is sufficient to support a valid rating based on a disabling condition caused by or aggravated by military service.

Another reason that people tend to need a veterans disability lawyer is that they have been waiting for too long to receive benefits. The lawyer can help determine what documents are not available, and then make a request for these records to the VA.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you to focus on your health and any other obligations that you may have. Certain attorneys are veterans disability attorneys themselves and this can provide them a unique type of empathy with their clients and make them more invested in their cases. This can make a major 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 do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence presented in the original claim and make a new determination. The senior reviewer can either confirm or reverse the previous decision to rate.

The veteran or their representative can ask for an informal conference with the senior reviewer to discuss the case, but only one of these conferences is permitted. It is important to be prepared and be able to present your case in a concise way at this conference. 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 errors made by the previous reviewer of an appeal for disability. For instance in the event that the previous reviewer misinterpreted evidence or made errors in the law. The senior reviewer may alter the previous decision made on the same claim in order to correct these mistakes but only if the changes are advantageous to the applicant.

The more thorough review may result in a private hearing for the claimant, which is an opportunity to connect with the person who is reviewing the claim and to explain the arguments. A veterans disability lawyer can help decide whether or not an individual hearing is necessary and prepare and present the evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year from the date the local office sent you the initial denial letter. The VA will review your case again and create an official statement of the case.

To file a complaint, you should use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to list all the reasons you don't agree with the VA's decision but it is best to be specific and help the VA understand what you think is wrong. Your attorney can help you about the type of evidence you can submit along with the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point You have a second chance to have it reviewed by a senior reviewer in the form of A Higher-Level Review. This process could take up to approximately 25 months. You should be in contact with your lawyer at all times. If the VA still denies your claim, your lawyer can request that a hearing be held before a Veterans Law Judge to present evidence and testimony in person. Your attorney will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries, and veterans disability attorney conditions they have suffered during their time of service. However, the VA is a huge bureaucracy, and it's easy to get lost in the maze of regulations. A veteran disability lawyer can help applicants navigate the system and provide the needed assistance.

The VA must examine the case once the veteran has filed the Notice of Dispute to the local VA office. This includes looking into the laws, regulations and evidence used in making the original decision. This includes looking over the medical record of the veteran as well as when necessary, lay statements. The VA must send the claimant an official statement of the case which includes a listing of all evidence it has looked over.

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

The Statement of the Case is usually sent to the veteran within 120 days from the date on which the NOD was filed. However due to the VA backlog the agency might delay the release of this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about an assessment or claim for benefits.