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

The process of submitting an application for veterans disability benefits can appear overwhelming. A good veterans disability attorney can guide you from start to finish.

It is essential to choose a lawyer who restricts their law practice to disabilities and only handles these cases at each level of appeal. This ensures you're receiving the best legal representation.

Appeal

When the VA rejects or doesn't accept a claim, the spouse or the veteran who is surviving can appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

The most common reason people make a disability claim is because they are unhappy with their disability status. In this case an attorney can make sure that there is enough evidence to back the appropriate rating due to a condition caused or made worse by military service.

Another reason that people tend to need a veterans disability lawyer is because they have been waiting too long for benefits. The lawyer can assist in determining the missing documents and submit a request the VA for the relevant records.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This gives you the time to concentrate on your health and any other obligations you might have. Some lawyers are veterans themselves, and this can give them a unique form of empathy with their clients and create a deeper investment in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the veterans disability attorneys Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to 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 a new decision on the case. The senior reviewer may confirm or reverse the previous rating decision.

A veteran or their representative may request an informal meeting to discuss the matter with the senior reviewer. However, only one conference is allowed. In this meeting, it is important to prepare and present your case facts clearly. An attorney for veterans disability compensation can help you prepare for and participate in the informal conference.

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

The more thorough review may result in a private hearing for the applicant, which gives the claimant an opportunity to talk to the person who will be reviewing the claim and to explain the arguments. A veterans disability lawyer can assist with determining whether it's required to request a personal hearing, and also with preparation and Veterans disability attorney presenting evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year from the date the local office issued the initial denial letter. The VA will review the claim again and issue a Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete this form correctly to appeal the decision. It is not necessary to list every reason you don't agree 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 help you decide what evidence to include with the NOD. This could be statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed by a senior reviewer through a Higher Level Review. This process can take approximately 25 months. You should be with your lawyer at all times. If the VA refuses to accept your claim, your lawyer may request a hearing to be conducted before a veterans disability legal Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to make sure that veterans disability law are compensated for injuries, illnesses and conditions suffered during service. The VA is a huge bureaucracy and it's easy for people to be lost. A veteran disability lawyer can assist people navigate the system and offer much needed assistance.

When a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct an investigation of the case. This includes looking into the laws, regulations and the evidence used to make the original decision. It also involves examining the medical records of the veterans and when necessary, lay statements. The VA must provide the applicant with an Statement of Case which includes a list with evidence that it has examined.

This statement should explain in plain language the reasoning behind the decision, as well as how it determined the law and regulations that affected the case. It should address all arguments made by the claimant in his or her 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 longer for the agency to issue the statement. If you are a veteran attempting to appeal an appeal of a rating decision or claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.