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

The process of applying for veterans disability benefits may seem overwhelming. A qualified veterans disability lawyer will guide you from beginning to end.

It's crucial to find a lawyer who limits their law practice to disability cases, and only handles those cases at each level of appeal. This will ensure that you get the most effective representation.

Appeals

When the VA denies a claim, or does not approve benefits, it gives the veteran or or her surviving spouse to appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

One common reason that people submit an application for disability benefits is that they are not content with their disability rating. In this case, a lawyer can make sure there is enough evidence to justify a rating that is appropriate in light of a condition that was that is caused or worsened by military service.

A veterans disability lawyers disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for the relevant records.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you time to concentrate on your health, and any other obligations you have. Some lawyers are veterans and this can result in an innate compassion for their clients. 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), veterans have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to examine the same evidence as in the original claim, and make a new determination. The senior reviewer is able to affirm or reverse the previous decision to rate.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, but only one such meeting is allowed. In this meeting, it is important to prepare and present your case's information in a clear manner. An attorney with expertise in the field of disability for veterans can help you prepare and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim to correct these errors, but only if those modifications are beneficial for the person filing the claim.

The more extensive review can result in a hearing for the claimant, which gives them the chance to speak with those who are reviewing the claim and to explain the arguments. A veterans disability lawyer can help determine whether it's necessary to request a private hearing, as well as with making and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year of the date on which the local office mails you the original denial notice. The VA will review the case again and prepare a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner 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 to understand what you believe is wrong. Your attorney can help you determine what evidence to include with the NOD. These could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point You have a second chance to review it by a senior reviewer in the form of an Higher-Level Review. It could take as long as 25 months, and you must have an attorney on with you every step of the procedure. If the VA continues to deny your claim, your lawyer can request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for injuries, illnesses and conditions they have suffered during their service. The VA is a massive bureaucracy and it's not difficult to become lost. A veteran disability lawyer can help applicants navigate the system and offer the needed assistance.

The VA must review the case after a veteran has filed an Notice of Dispute at the local VA office. This includes looking into the regulations, laws and evidence used in making the original decision. This includes looking over the veteran's medical record and, if necessary lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of all evidence that it has looked over.

This statement should explain in clear language the reasoning behind the decision, including how it determined the law and regulations that affected the case. It should address all arguments made by the claimant in the NOD.

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