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

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

It's important to find a lawyer who limits their practice to disability cases and only handles these cases at each level of appeal. This ensures that you're receiving the best legal representation.

Appeals

If the VA denies a claim or fails to approve benefits, it allows the veteran or his spouse who is surviving to file an appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A veteran disability lawyer can help you understand the various options available and secure the benefits you deserve.

One of the main reasons people submit an application for disability benefits is that they are not satisfied with their disability status. In this case an attorney can make sure that there is enough evidence to support a rating that is appropriate based on a condition caused or aggravated by military service.

A veterans disability lawyer may be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and submit a request to the VA for those records.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This gives you the time to focus on your health, and any other obligations you have. Some lawyers are veterans themselves and this gives them a unique form of compassion for their clients. They also make them more invested in their cases. 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 disability law firm to have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to look at the same evidence that was presented in the original claim, and make a new determination. The senior reviewer can either affirm or reverse the previous decision to rate.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, but only one conference is permitted. It is crucial to be prepared and be able to present your case in a concise manner at this time. An attorney who specializes in veterans disability can help you prepare and participate in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of the disability claim. For example when the previous reviewer misinterpreted evidence or made errors in the law. The senior reviewer can change an earlier decision on the same claim in order to correct these mistakes however only if the changes are beneficial to the applicant.

A hearing at a personal level can be arranged for the claimant in the wake of the higher-level review. This provides those seeking to be heard by the person who is reviewing their claim and discuss their arguments. A veterans disability lawyer can help determine whether it's required to request a personal hearing, and with making and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you can file a notice of disagreement within one year of the date the local office has sent you its original denial letter. The VA will review the claim again and issue a Statement of the Case.

To file a disagreement to file a dispute, you must use VA Form 21-958. An attorney for disabled people can help complete this form in a manner that is effective in appealing the decision. You don't need to list every reason that you disagree with the decision; however it is best to be specific in order that the VA understands what exactly you believe to be wrong. Your attorney can assist you in deciding what evidence to include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed by a senior reviewer through an Higher Level Review. This could take anywhere from 25 months, and you should have your attorney at all the way. If the VA continues to deny your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for their injuries, illnesses, and other conditions incurred during service. However the VA is a huge bureaucracy and it is easy to become lost in the system. A veteran disability attorney can help navigate the process and provide vital assistance to those who are seeking benefits.

If a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct an investigation into the case. This includes looking at the laws, regulations and evidence used to make the original decision. This also includes looking at the medical records of the veteran as well as when 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 clearly the reasoning behind the decision, and how it interprets the laws and regulations that impacted the case. It should address any claims raised by the claimant in the NOD.

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