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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 can guide you through the process.

It's crucial to locate a lawyer that limits their law practice to disability cases, and only handles these cases at all levels of appeal. This ensures you're receiving the best representation.

Appeals

If the VA denies a claim, or does not allow benefits to be approved, it allows the veteran or or spouse who is surviving to appeal. This is a lengthy and lengthy process that could be complicated even with the simplest disability claims. A veterans disability lawyer can assist you in understanding the various options available and get the benefits you deserve.

The most common reason people file a claim for disability is because they are unhappy with their disability rating. In this instance, the lawyer can make sure that the evidence is sufficient to justify a proper rating based upon a disabling condition caused by or aggravated by military service.

Another reason that people tend to require a veterans disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA for those records.

A lawyer for veterans can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health and any other obligations you have. Some attorneys are veterans themselves, and this can give them a unique level of empathy for their clients and give them a greater stake in their cases. This could make a significant difference in the result 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 option is a decision-review procedure that allows an experienced reviewer to examine the same evidence provided in the original claim, and make a fresh determination. The senior reviewer has the option to either affirm or reverse the previous rating.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, however, only one of these conferences is allowed. At this meeting, it is important to prepare and present your case's facts clearly. An attorney for veterans can assist you in preparing and participate in the informal conference.

Higher-level reviews can be used to correct mistakes by the earlier reviewer in a disability case that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct these errors by altering the decision made previously but only if it is in the claimant's best interest.

The more thorough review may result in a personal hearing for the claimant, which is an opportunity to meet with the person who will be reviewing the claim and explain the arguments. A lawyer for veterans disability can assist with determining whether or not it's necessary to request a personal hearing, as well as preparation and presenting evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one-year of the date the local office received the original denial letter. The VA will then review your claim once more and draft a Statement of Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability attorney can help to fill out the form correctly to ensure it is effective in appealing 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 to help the VA to understand what you believe is wrong. Your attorney can help you determine what evidence to include with the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior reviewer through an Higher Level Review. This could take anywhere from 25 months, and you must have your attorney at your side throughout the procedure. If the VA denies your claim your lawyer can request an appointment with an Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are compensated for their injuries, illnesses and conditions incurred during service. The VA is a massive bureaucracy and it's not difficult to be lost. A veteran disability attorney can assist in navigating the process and provide much-needed assistance for those who are seeking benefits.

The VA must review the case following the time the veteran has filed the Notice of Dispute to the local VA office. This involves examining the regulations, laws and evidence used to make the initial decision. It also involves examining the medical records of the veteran as well as, if needed, lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all the evidence it has looked over.

The statement should be in plain English and should explain the reasoning behind the decision, as well as the interpretation of the law and regulations which affect the case. It should address the allegations made by the claimant in his or her NOD.

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