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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 a challenge. A veterans disability lawyer can guide you through the process.

It's crucial to find a lawyer who limits their practice to disability cases and only handles these cases at all levels of appeal. This helps ensure you'll be getting the best representation.

Appeal

When the VA rejects or doesn't approve a claim, either the veteran or the surviving spouse can file an appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can help you understand your options and get the benefits you deserve.

The most common reason why people make a claim for disability is because they are dissatisfied with their disability rating. In this situation, a lawyer can make sure there is enough evidence to justify an appropriate rating based on a condition caused or made worse by military service.

A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can help determine what documents are missing and then submit an application for these records to the VA.

A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to focus on your health, and any other obligations you might have. Some attorneys are veterans, and this can give them a unique level of empathy for their clients and make them more invested in their cases. This can make a big difference in the result 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 permits an experienced reviewer to look at the same evidence as in the original claim and make a new determination. The senior reviewer has the option to either reverse or confirm the previous rating.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. It is essential to be prepared and provide your case in a concise manner at this meeting. A veteran disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews can be used to correct mistakes by the previous reviewer in a disability claim that result in mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct the errors by changing the previous decision but only if it is in the best interests of the claimant.

A hearing at a personal level can be scheduled for the claimant as a result of the review at a higher-level. This is a chance for the claimant to meet with the person who will be reviewing their claim and to present their case. A lawyer who is a veteran can assist with determining whether it's necessary to request a private hearing, as well as creating and presenting evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year of the date the local office mailed you the initial denial letter. The VA will review your case again and prepare a Statement of the Case.

To file a disagreement, you should use VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. You don't have to include every reason why you are not with the decision. However, it is better to be specific in order that the VA is aware of what you believe to be incorrect. Your attorney can help you decide which evidence to include in the NOD. This could be statements from medical professionals, or results from diagnostic tests.

If your appeal is not accepted at this stage, then you can request that it be reviewed again by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and it is important to have an attorney on with you every step of the process. If the VA rejects your claim, your attorney can request a hearing before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for injuries, illnesses and other ailments incurred during service. However the VA is a huge bureaucracy and it's easy to become lost in the system. A veteran disability attorney can help navigate the process and offer much-needed assistance for those who are seeking benefits.

Once a veteran has filed a Notice of Disagreement in his or local VA office, the agency must conduct an investigation of the case. This includes looking into the regulations, laws and evidence used to make the original decision. This includes reviewing the medical record of the veteran as well as when necessary, lay statements. The VA must provide the applicant with the Statement of Case which contains a list of evidence that it has examined.

The statement should outline in plain language the reasoning behind the decision, and how it interpreted the laws and regulations that affected the case. It should address the allegations made by the plaintiff in the NOD.

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