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

The process of obtaining veterans disability benefits can be overwhelming. The right veterans disability attorney will guide you from start to finish.

It's important that you choose an attorney who handles disability law and cases of this nature at all levels of appeal. This helps ensure you'll be getting the best representation.

Appeal

If the VA decides to deny or not accept a claim, the veteran or the surviving spouse can file an appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

A common reason people submit a claim for disability is because they are dissatisfied with their disability status. In this case, a lawyer can make sure that the evidence is there to support an appropriate rating based on a disability condition that is caused or exacerbated by military service.

Another reason for people to seek out a veterans disability lawyer is because they've been waiting too long to get their benefits. The lawyer can help determine what documents are not available, and then make the request for these documents to the VA.

Having a veterans disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This will allow you to focus on your health and other obligations you have. Some lawyers are veterans themselves and this gives them a unique type of compassion for their clients and increase the stakes in their cases. 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) allows veterans to have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to look at the same evidence that was presented in the original claim and make a new decision on the case. The senior reviewer can either affirm or reverse the previous decision to rate.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However only one conference is permitted. It is important to be prepared and explain your case in a clear manner during this meeting. A veteran disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes made by the previous reviewer in an appeal for disability that result in not interpreting evidence correctly or making mistakes in the law. The senior reviewer can change an earlier decision on the same claim to fix these types of errors however only if the changes are beneficial to the person filing the claim.

The more thorough review may result in a personal hearing for the applicant, which gives the claimant an opportunity to talk to those who are reviewing the claim and explain the arguments. A veterans disability lawyer can help determine whether or not a personal hearing is required and prepare and present the evidence at the hearing.

Notice of Disagreement

After the VA has examined your claim and reached an assessment, you may submit a notice of disagreement within one year from the date when the local office has sent you the initial denial letter. The VA will then review your case once more and prepare an official statement of the case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help complete this form in a way that is effective in contesting the decision. You don't have to list every reason you disagree with the VA's decision but it is advisable to be specific and help the VA understand what you think is wrong. Your attorney can help you determine what evidence to include with the NOD. These could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is rejected at this point, you can request that it be reviewed again by a senior reviewer through a Higher Level Review. This process could take as long as about 25 months and you must be in contact with your attorney at every step. If the VA denies your claim your attorney may request an appointment with an Veterans Law judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for injuries, illnesses and other ailments suffered during service. However, the VA is a massive bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can assist in navigating the process and provide vital assistance for those seeking assistance.

Once a veteran has filed a Notice of Disagreement with his local VA office, the agency must conduct an investigation into the case. This involves examining the regulations, laws and the evidence used to make the initial decision. It also includes examining the medical records of the veterans and, if needed lay statements. The VA must provide the claimant with a Statement of Case, which includes a list of evidence that it has reviewed.

The statement should state in a clear manner the reasoning behind its decision, and how it interpreted the laws and regulations that affected the case. It should address the claims raised by the claimant in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, it might take the agency longer to issue the statement. If you're a veteran appealing an appeal of a rating decision or claim for benefits, please contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.