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

The process of submitting an application for veterans disability benefits can seem overwhelming. The right veterans disability attorney will guide you from beginning to end.

It is essential to find a lawyer who has a limit on their practice to disability cases and veterans disability attorney only handles these cases at every level of appeal. This ensures that you're getting the best representation.

Appeals

When the VA rejects or doesn't consider a claim, the spouse of the deceased or veteran can file an appeal. This is a lengthy and lengthy process that could be complicated, even for the most simple disability claims. A veterans disability attorney can help you understand your options and get the benefits you deserve.

The most common reason why people declare a disability claim is that they are not satisfied with their disability rating. In this case, a lawyer can make sure that all the evidence is in place to support a valid rating based on a disability condition caused or exacerbated by military service.

A veterans disability lawyer could be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents and submit a request the VA for those records.

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This will let you focus on your health and any other obligations you might have. Some attorneys are veterans, which can give them an unmatched compassion 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), veterans have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits senior reviewers to review the same evidence that was presented in the original claim and then make an entirely new decision in the case. The senior reviewer can confirm or reverse the previous decision to rate.

A veteran or their representative may ask for an informal meeting to discuss the matter with the senior reviewer. However, only one conference is permitted. At this conference it is important to prepare and present your case's facts in a clear way. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For example in the event that the previous reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer can change a prior decision on the same claim to rectify these errors however only if the modifications are beneficial to the applicant.

The higher-level review can also result in a personal hearing for the claimant which is an opportunity to speak with those who are reviewing the claim and to explain their arguments. A veterans disability lawyer can help decide whether an individual hearing is necessary and can also prepare and present evidence at the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you can file a notice of disagreement within one year of the date the local office gives you the initial denial letter. The VA will review your case again and veterans disability attorney prepare a Statement of Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. It is not necessary to list every reason you disagree with the VA's decision, but it is best to be specific to help the VA to understand what you believe is wrong. Your attorney can provide guidance about the type of evidence you can submit along with the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, you have another chance to have it reviewed by a senior reviewer in the form of A Higher-Level Review. This could take up to 25 months, and you must have an attorney on your side throughout the way. If the VA continues to deny your claim, your lawyer may request that a hearing be held before an 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 passed numerous laws to ensure that veterans receive compensation for their ailments, injuries and illnesses 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 those seeking assistance navigate the system and provide much needed assistance.

The VA must examine the case once the veteran has filed an Notice of Dispute at the local VA office. This includes looking into the regulations, laws, and the evidence used in the original decision. This includes reviewing the medical record of the veteran as well as at times lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of evidence that it has examined.

This statement should explain in clear language the reasoning behind the decision, as well as how it interpreted the laws and regulations that affected the case. It should address the claims made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was received. However due to the VA backlog it could take longer to issue this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about the basis of a rating or a claim for benefits.