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

The process of getting veterans disability benefits can be a challenge. A lawyer who is a veterans disability attorney can help you navigate the process.

It's essential to find an attorney who only practices disability law and handles these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

When the VA refuses to approve a claim or fails to approve benefits, it allows the veteran or or spouse who survives to appeal. This is a complex and lengthy process that could be complicated even with the simplest disability claims. A veterans disability lawyer can assist you in understanding the options available to you and help you get the benefits you deserve.

A common reason people declare a disability claim is because they are unhappy with their disability rating. In this instance a lawyer can be sure that there's enough evidence to back a rating that is appropriate for a condition that is that is caused or worsened by military service.

A veteran disability lawyer might be needed by people who have not received their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA to obtain those documents.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This allows you to concentrate on your health and other obligations you have. Certain attorneys are veterans disability compensation and this may result in an exceptional 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 when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows senior reviewers to examine the same evidence presented in the original claim and then make a new decision on the case. The senior reviewer has the option to either confirm or reverse the previous rating.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, however, only one such conference is allowed. It is essential to be prepared and present your case in a clear manner during this meeting. An attorney for veterans can help you prepare and veterans disability lawyer take part in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of an appeal for disability. For example when the previous reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct these mistakes by reversing a previous decision but only if it is in the best interests of the claimant.

The more extensive review can lead to a personal hearing for the claimant, which is an opportunity to meet with the person who is reviewing the claim, and explain the arguments. A veterans disability lawyer can assist in determining whether a personal hearing is needed and prepare and present evidence at the hearing.

Notice of Disagreement

Once 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 that the local office mails you the original denial notice. The VA will review your case again and issue a Statement of the Case.

In order to file a disagreement, you should use VA Form 21-958. A disability attorney can assist you complete the form in a manner that is effective in contesting the decision. You don't have to list every reason why you are not with the decision; however, it is better to be specific so that the VA knows exactly what you believe to be wrong. Your attorney can assist you in deciding what evidence to include with the NOD. This could include statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this stage, then you can ask to have it reviewed by a senior judge through a Higher Level Review. This process could take as long as approximately 25 months. You should be with your lawyer at all times. If the VA continues to deny your claim, your lawyer can request a hearing to be conducted before an veterans disability litigation Law Judge to present evidence and testimony in person. Your lawyer will draft your check if your claim is awarded.

Statement of the Case

Congress has written extensive laws to ensure that veterans disability lawyers are paid for their ailments, injuries and illnesses incurred during service. But the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability attorney can help you navigate the process and provide vital assistance for those seeking assistance.

The VA must examine the case once the veteran has filed the Notice of Dispute to the local VA office. This involves examining the regulations, laws, and evidence used in the original decision. It also includes examining the medical records of the veteran as well as, if needed, lay statements. The VA must send the claimant a Statement of the Case that includes a list of all the evidence it has examined.

This statement should explain clearly the reasoning behind the decision, as well as how it interprets the laws and regulations that affected the case. It should address the claims raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. However, due to the VA backlog the agency might take longer to mail this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision over the basis of a rating or a claim for benefit.