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 lawyer for veterans can guide you through the process.

It's important that you choose an attorney who handles disability law and these cases at all levels of appeal. This ensures you're receiving the best legal representation.

Appeal

If the VA decides to deny or not accept a claim, the veteran or the surviving spouse can file an appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

A common reason why people have to file a disability claim is because they are not content with their disability ratings. In this case, a lawyer can make sure that the evidence is in place to support a fair rating based on a disability condition caused by or aggravated by military service.

Another reason for firm people to seek out a veterans disability lawyer is that they've been waiting too long for benefits. The lawyer can help determine what documents are not available, and then submit a request for these records to the VA.

A lawyer for veterans can also take away the burden of dealing directly with the VA. This will give you the time to concentrate on your health and any other obligations you have. Some attorneys are veterans, which can give them a unique compassion for their clients. This can make a big 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 to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence that was presented in the original claim and make a new determination. The senior reviewer is able to affirm or reverse the previous rating decision.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, but only one of these conferences is allowed. For this meeting it is crucial to prepare and present your case's details in a concise manner. An attorney who specializes in veterans ' disability can help you prepare for and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of the disability claim. For instance when the previous reviewer misinterpreted evidence, or made mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision, but only when it is in the best interests of the claimant.

The more thorough review may result in a personal hearing for the claimant which gives them the chance to connect with the person who is reviewing the claim, and explain their arguments. A veterans disability lawyer can help determine whether an individual hearing is necessary and can also prepare and present evidence for the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you can file a notice of disagreement within one year from the date when the local office has sent you the original denial letter. The VA will review your case again and create an Statement of Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help to fill out the form correctly so that it is effective in contesting the decision. It is not necessary to list all the reasons you do not agree with the VA's decision but it is best to be specific to help the VA understand what you think is wrong. Your attorney can help you on the kind of evidence to include along with the NOD, like 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 have it reviewed by a senior reviewer in form of a Higher-Level Review. This could take anywhere from 25 months, and you must have your lawyer by your side every step of the procedure. If the VA still denies your claim, your lawyer could request that a hearing be conducted before an Veterans Law Judge to present evidence and testimony in person. Your attorney will prepare 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 conditions they have suffered during their service. But, the VA is a huge bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can guide you through the process and offer much-needed assistance to those seeking assistance.

Once a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct an investigation into the case. This includes examining the laws, regulations, and the evidence used in the original decision. This includes reviewing the medical record of the veteran as well as at times, lay statements. The VA must provide the applicant with an Statement of Case which includes a list with evidence that it has reviewed.

This statement should be in plain language and provide the reasoning of the decision, which should include the interpretation of the laws and regulations affecting the case. It should address all the claims made by the plaintiff in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to mail this document. If you are a veteran attempting to appeal an appeal of a rating decision or claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.