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

The process of obtaining veterans disability benefits can be overwhelming. A good veterans disability attorney can assist you from beginning to end.

It's important to choose a lawyer who restricts their practice to disability cases and exclusively handles these cases at every stage of appeal. This ensures you're getting the best representation.

Appeal

If the VA refuses to approve a claim or does not allow benefits to be approved, it allows the veteran or or spouse who is surviving to appeal. It is a difficult and lengthy process that could be complicated even with the most simple disability claims. A veterans disability law Firms disability lawyer can help you understand all of your options and secure the benefits you deserve.

A common reason people submit a claim for disability is because they are unhappy with their disability rating. In this situation lawyers can make sure that there's enough evidence to support the proper rating due to a condition that is caused or worsened by military service.

Another reason for people to seek out a veterans disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can assist in determining what documents are not available, and then submit a request for these records to the VA.

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, and any other responsibilities you may have. Some attorneys are veterans, which can give them an innate empathy for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans disability lawsuits to have more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to look at the same evidence that was presented in the original claim and then make an additional decision regarding the case. The senior reviewer has the choice to either confirm or reverse the previous rating.

The veteran or their representative can arrange for a casual conference with the senior reviewer to discuss the case, but only one such meeting is permitted. At this conference, it is important to prepare and present your case's facts clearly. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews are often utilized to correct errors made by the earlier reviewer in the case of a disability claim which could include mistakenly interpreting evidence or committing errors in the law. The senior reviewer may alter a prior decision on the same claim in order to correct these errors however only if those modifications are beneficial for the claimant.

The higher-level review could result in a hearing for the claimant, which is an opportunity to connect with the person who will be reviewing the claim and explain their arguments. A lawyer who is a veteran can assist in determining whether it's necessary to request a personal hearing, and also with creating and presenting evidence at the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office issued the initial denial letter. The VA will examine your claim again and issue an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. You do not have to list every reason you do not agree with the VA's decision but it is best to be specific in order to help the VA to understand what you believe is wrong. Your attorney can help you determine which evidence to include in the NOD. This could include statements from medical professionals, or results of diagnostic tests.

If your appeal is not accepted at this stage, then you can ask to have it reviewed by a senior reviewer through a Higher Level Review. This process could take as long as about 25 months and you must be in contact with your attorney at every step. If the VA refuses to accept your claim, your attorney can request an appearance before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for injuries, illnesses, and other conditions that they suffer during their service. However the VA is a massive bureaucracy that is easy to become lost in the system. A veteran disability lawyer can help navigate the process and provide much-needed assistance to those seeking assistance.

The VA must review the case following the time the veteran has filed an official Notice of Dispute with the local VA office. This includes looking at the regulations, laws and evidence used in making the original decision. Also, it involves looking over the medical records of the veteran and when necessary lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all evidence it has examined.

The statement should outline clearly the reasoning behind the decision, and how it interprets the laws and regulations that affected the case. It should address the issues raised by the claimant in his or her NOD.

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