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

The process of submitting an application for benefits for veterans disability can be overwhelming. A lawyer who is a veterans disability attorney can guide you through the process.

It's important that you find an attorney that only has experience in disability law and who handles cases of this nature at all levels of appeal. This helps ensure you'll be receiving the best representation.

Appeals

If the VA decides to deny or not accept a claim, the spouse of the deceased or veteran can appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veteran's disability attorney can help you understand your options and obtain the benefits you deserve.

One common reason that people are required to submit an application for disability benefits is that they are unhappy with the disability rating they have received. In this instance, the lawyer can make sure that all the evidence is in place to support a valid rating based upon a disabling condition that is caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have had to wait too long for their benefits. The lawyer can help determine what documents are not available, and then make a request for these records to the VA.

A lawyer for veterans' disability 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, which can give them an innate empathy 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 option is a decision-review option that permits an experienced reviewer to analyze the same evidence presented in the original claim, and make a new determination. The senior reviewer can choose to either affirm 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, veterans disability attorney only one such meeting is allowed. It is important to be prepared and provide the facts of your case in a clear manner during this meeting. An attorney for veterans can help you prepare and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to rectify these mistakes however only if those changes are advantageous to the person filing the claim.

The more thorough review may result in a personal hearing for the claimant, which is an opportunity to speak with the person who will be reviewing the claim and to explain their arguments. A lawyer for veterans can assist in determining whether it is necessary to request a personal hearing, and with preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year of the date when the local office sends you the original denial notice. The VA will review the case again and issue a Statement of Case.

If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You do not have to list all the reasons you do not agree with the VA's decision but it is important to be specific in order to assist the VA determine what you think is wrong. Your attorney can help you decide what evidence to include with the NOD. These 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 again by a senior reviewer through an Higher Level Review. This could take anywhere from 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 an appeal before a Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed a number of laws to ensure veterans disability lawyers receive compensation for illnesses, injuries, and ailments they've experienced during their time of service. The VA is a big bureaucracy and it's easy to be lost. A veteran disability lawyer can help navigate the process and provide vital assistance to claimants.

Once a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an examination of the case. This includes looking into the laws, regulations and the evidence used to make the original decision. This also includes looking at the medical records of the veteran and, if needed, lay statements. The VA must provide the applicant with the Statement of Case that includes a list of evidence it has analyzed.

The declaration should be written in plain English and should explain the reasoning of the decision, which should include the interpretation of the law and regulations affecting the case. It should address all the assertions made by the claimant in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date that the NOD was filed. Due to the VA backlog, it might take the agency longer to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on the basis of a rating or a claim for veterans disability attorney benefit.