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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can help you navigate it from beginning to end.

It's essential to choose an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

If the VA denies or does not approve a claim, the spouse of the deceased or veteran can appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason people submit an claim for disability is because they are not content with the disability rating they have received. In this instance, Veterans Disability Attorney the lawyer can ensure that all the evidence is in place to support an appropriate rating based on a disabling condition caused by or aggravated by military service.

A veterans disability lawyer could be needed by those who have not received their benefits. The lawyer can assist in determining what documents are missing and then submit 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 the time to concentrate on your health, and any other obligations you might have. Some attorneys are veterans themselves and this can provide them a unique level of compassion for their clients and give them a greater stake 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 to have more options if they do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence that was presented in the original claim, and make a fresh determination. The senior reviewer is able to either reverse or confirm the previous rating.

A veteran or their representative can request an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. At this conference it is crucial to prepare and present your case's details clearly. A veterans disability attorney can assist you in preparing and participate in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of a disability claim. For instance an earlier reviewer misinterpreted evidence or committed errors in the law. Senior reviewers can correct these mistakes by altering the decision made previously, but only when it is in the claimant's best interest.

A personal hearing may be arranged for the claimant in the wake of the higher-level review. This gives the claimant to meet the person who will be reviewing their claim and explain the arguments. A lawyer who is a veteran can help determine whether or not it's required to request a personal hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to submit a notice of disagreement within one year of the date the local office has sent you the original denial letter. The VA will review your case once more and prepare a Statement of the Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You do not have to list all the reasons you disagree with the VA's decision, but it is important to be specific in order to assist the VA to understand what you believe is wrong. Your attorney can assist you in deciding the evidence you should include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this point, you have another chance to get it reviewed by a senior reviewer in the form of a Higher-Level Review. This can take up to 25 months, and you should have an attorney on your side throughout the way. If the VA is unable to resolve your claim, your lawyer could request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries and other ailments they've suffered during their service. However, the VA is a huge bureaucracy that is easy to get lost in the system. A veteran disability lawyer can help applicants navigate the system and provide much needed assistance.

If a veteran files a Notice of Disagreement with his local VA office, the agency must conduct a review of the case. This involves examining the regulations, laws and veterans disability attorney evidence used to reach the original decision. This also includes looking at the medical records of the veteran and when necessary lay statements. The VA must provide the claimant with an Statement of Case which includes a list of evidence it has analyzed.

The statement should outline in plain language the reasoning behind the decision, including how it determined the law and regulations that impacted the case. It should address the claims made by the claimant in the NOD.

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