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

The process of applying for veterans disability benefits can appear overwhelming. The right veterans disability attorney can guide you from start to finish.

It is essential to choose a lawyer who restricts their law practice to disability cases and exclusively handles those cases at each level of appeal. This will ensure that you're receiving the best representation.

Appeal

When the VA denies or does not accept a claim, the spouse of the deceased can appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

A common reason for people to file a claim for disability is because they are dissatisfied with their disability rating. In this instance lawyers can make sure there is enough evidence to back a rating that is appropriate in light of a condition that was that is caused or worsened by military service.

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

Having a veterans disability lawyer can help you deal with the VA away from your shoulders. This will allow you the time to focus on your health, as well as any other obligations you might have. Certain attorneys are veterans which can give them an exceptional empathy for their clients. This can make a major 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 on their claims. The Higher-Level Review is a decision review option that permits senior reviewers to review the same evidence presented in the original claim, and then make a new decision on the case. The senior reviewer has the choice to either confirm or reverse the previous rating.

A veteran or their representative could ask for an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is permitted. It is important to be prepared and provide the facts of your case in a concise way at this conference. A veterans disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews can be used to correct mistakes made by the previous reviewer on an appeal for disability, such as misinterpreting evidence or making errors in the law. The senior reviewer is able to alter an earlier decision regarding the same claim to correct these mistakes however only if the modifications are beneficial for the claimant.

The higher-level review could result in a personal hearing for the claimant, which gives them the chance to meet with the person who will be reviewing the claim and explain their arguments. A veteran disability attorney can help determine whether or not a personal hearing is needed, as well as prepare and present evidence for 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 once more and prepare an official statement of the case.

To file a disagreement, you should use VA Form 21-958. A disability attorney can assist you fill out this form in a way that is effective in appealing the decision. You do not have to list all the reasons you disagree with the VA's decision however, it is recommended to be specific and help the VA understand what you think is wrong. Your attorney can provide guidance on the kind of evidence to include along with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior reviewer through a Higher Level Review. It could take as long as 25 months, and you should have your lawyer by your side every step of the procedure. If the VA denies your claim your lawyer can request a hearing before a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for injuries, illnesses and ailments they've experienced during their time of service. However the VA is a massive bureaucracy, and it's easy to get lost in the system. A veteran disability lawyer can assist applicants navigate the system and provide much needed assistance.

The VA must review the case following the time a veteran has filed a Notice of Dispute with the local VA office. This includes examining the regulations, laws, and the evidence used to make the initial decision. Also, it involves looking over the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the applicant with an official statement of case that includes a list of evidence it has analyzed.

The statement should be written in plain English and should explain the reasoning behind the decision, including the interpretation of the laws and regulations affecting the case. It should address the allegations made by the plaintiff in his or her 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. Contact a veterans disability law firm disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding a rating or a claim for benefit.