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

The process of obtaining veterans disability benefits can be a challenge. A lawyer for veterans disability law firms can help you navigate the procedure.

It is essential to find a lawyer who has a limit on their law practice to disability cases and exclusively handles these cases at all levels of appeal. This ensures that you're receiving the best representation.

Appeals

If the VA decides to deny or not accept a claim, the spouse of the deceased or veteran can file an appeal. Even the simplest 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 ensure you receive the benefits you deserve.

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

A veterans disability lawyer could be required by those who have waited too long to get their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for those records.

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, as well as any other responsibilities you may have. Some attorneys are veterans and this gives them a unique empathy for their clients and make them more invested in their cases. This can make a massive 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 if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to look at the same evidence that was presented in the original claim and make an additional decision regarding the case. The senior reviewer is able to either confirm or reverse the previous rating.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However only one of these conferences is allowed. It is crucial to be prepared and present the facts of your case in a concise manner at this time. A lawyer for veterans may help you prepare and take part in the informal conference.

Higher-level reviews are often used to correct mistakes made by the earlier reviewer in an appeal for disability, such as mistakenly interpreting evidence or committing errors in the law. The senior reviewer can change a prior decision on the same claim in order to correct these kinds of mistakes however only if the changes are beneficial to the person filing the claim.

The higher-level review could lead to a personal hearing for the claimant, which gives the claimant an opportunity to speak with the person who is reviewing the claim and present the arguments. A veterans disability lawyer can help decide whether a personal hearing is required and prepare and present the evidence at the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you are able to make a formal notice of disagreement within one year from the date when the local office has sent you the original denial notice. The VA will then review your case again and issue a Statement of the Case.

To file a complaint, you should use VA Form 21-958. A disability attorney can assist to fill out the form correctly to ensure it is effective in appealing the decision. It is not necessary to list every reason you do not agree with the VA's decision however, it is recommended to be specific to help the VA know what you believe is wrong. Your attorney can advise you on what evidence to submit to support the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it reviewed by a senior reviewer through a Higher Level Review. The process can take between 25 and about 25 months and you must be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer could request a hearing to be held before an Veterans Law Judge to present testimony and additional 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 variety of laws to ensure that veterans are compensated for their injuries, illnesses, and other conditions that they suffer during their service. The VA is a massive bureaucracy and it's not difficult to get lost. A veteran disability lawyer can assist claimants navigate the system and offer the assistance they need.

The VA must examine the case after the veteran has filed an Notice of Dispute at the local VA office. This includes looking into the laws, regulations and the evidence used to make the original decision. This includes looking over the veteran's medical record and at times lay statements. The VA must send the claimant an official statement of the case that includes a list of all evidence it has examined.

This statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the regulations and laws affecting the case. It should address all the contentions the claimant raised in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date the NOD was filed. However, due to the VA backlog it could delay the release of the document. If you're a veteran who is appealing an appeal of a rating decision or claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.