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

The process of submitting an application for benefits for veterans disability can be overwhelming. The right veterans disability attorney will guide you from start to finish.

It's essential to choose an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures that you're receiving the best legal representation.

Appeal

When the VA denies or does not approve a claim, either the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability attorneys disability attorney can help you understand your options and help you get the benefits you deserve.

A common reason why people submit a claim for disability is that they are not satisfied with their disability rating. In this instance an attorney can make sure that there is enough evidence to back the proper rating for a condition that is caused or aggravated by military service.

A veterans disability lawyer could be needed by people who have waited too long to get their benefits. The lawyer can assist in determining the missing documents and submit a request to the VA for those records.

A veteran disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This will allow you to focus on your health and any other responsibilities that you may have. Certain attorneys are veterans themselves which can give them a unique type of compassion for their clients and give them a greater stake in their cases. This can make a massive 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 regarding their claims. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence that was presented in the original claim, and then make a new decision on the case. The senior reviewer can confirm or reverse the previous decision to rate.

A veteran or their representative may arrange for an informal conference to discuss the case with the senior reviewer. However, only one conference is allowed. At this conference, it is important to prepare and present your case's facts in a concise manner. A veterans disability attorney can assist you in preparing and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of an appeal for disability. For example, if the earlier reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct these mistakes by reversing a previous decision but only if it is in the best interests of the claimant.

A hearing at a personal level can be scheduled for the claimant as a result of the review at a higher-level. This is an opportunity for the claimant to meet the person reviewing their claim and to present their case. A veteran disability lawyer can help decide whether a personal hearing is needed and prepare and present the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office sent you the original denial letter. The VA will review your case again and create a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete the form correctly to ensure it is effective in appealing the decision. You don't have to include every reason why you are not with the decision. However, it is better to be specific in order that the VA knows exactly what you believe to be incorrect. Your attorney can advise you on the evidence you should submit with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point If you are denied, you can try again to be reviewed by a senior reviewer in the form of an Higher-Level Review. This process could take up to 25 months and you should be with your lawyer 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 testimony and veterans disability Attorney additional evidence in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries and ailments they've experienced during their service. The VA is a large bureaucracy, and it's easy to be lost. A veteran disability lawyer can guide you through the process and provide vital assistance for claimants.

When a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct a review of the case. This involves examining the regulations, laws and evidence used in making the original decision. Also, it involves looking over the veteran's medical records and, if needed lay statements. The VA must provide the claimant with an official statement of case which includes a list of evidence it has analyzed.

The declaration should be written simple and clear, and also explain the reasoning behind the decision, as well as the interpretation of the law and regulations affecting the case. It should address any claims that the claimant has made in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog it may take the agency longer to issue the statement. If you are a veteran seeking to appeal the decision of a rating agency or a claim for benefits, contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.