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

The process of applying for benefits for veterans disability can seem overwhelming. A veteran disability lawyer can guide you through the process.

It's important that you find an attorney that only handles disability law and these cases at all levels of appeal. This will ensure you receive the best representation.

Appeal

If the VA refuses to approve a claim or does not approve benefits, it allows the veteran or his or spouse who survives to file an appeal. This is a complicated and lengthy procedure that can be complicated even for the most straightforward disability claims. A veteran disability lawyer can assist you in understanding your options and obtain the benefits you deserve.

One of the main reasons people have to file a disability claim is that they are unhappy with their disability ratings. In this case lawyers can make sure that there is enough evidence to back the proper rating due to a condition caused or made worse by military service.

A lawyer for veterans may be required by those who have had to wait too long for their benefits. The lawyer can help determine what documents are missing and submit a request the VA for those records.

A lawyer for veterans can also ease the burden of dealing directly with the VA. This gives you the time to focus on your health, and any other responsibilities you may have. Some lawyers are veterans themselves which can give them a unique empathy with their clients and give them a greater stake 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 when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence as in the original claim, [empty] and make a fresh determination. The senior reviewer has the option to either reverse or confirm the previous rating.

The veteran or their representative may request a meeting with the senior reviewer to discuss the case, but only one of these conferences is allowed. In this meeting it is essential to prepare and present your case's information in a clear way. A veterans disability attorney can assist you in preparing and take part in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of the disability claim. For instance when the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer may alter an earlier decision regarding the same claim to correct these mistakes however only if the changes are advantageous to the person filing the claim.

A personal hearing could be scheduled for the claimant in the wake of the review at a higher level. This provides the applicant to meet with the person who will be reviewing their claim and to present their case. A veterans disability lawyer can assist with determining whether it is required to request a personal hearing, as well as with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office sent you the initial denial letter. The VA will then review your case once more and prepare an official statement of the case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability attorney can help you fill out this form in a way that is effective in appealing the decision. You don't have to list every reason why you are not with the decision; however it is recommended to be specific so that the VA knows exactly what you believe to be wrong. Your attorney can guide you about the type of evidence you can submit along with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage You have a second chance to get it reviewed by a senior reviewer in the form of A Higher-Level Review. It could take as long as 25 months, and it is important to have your attorney by your side every step of the way. If the VA is unable to resolve your claim, your lawyer could request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their time of service. The VA is a huge bureaucracy and it's not difficult to get lost. A veteran disability attorney can assist in navigating the process and provide vital assistance for claimants.

The VA must review the case following the time a veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the laws, regulations and the evidence used to make the original decision. It also includes examining the veteran's medical records and when necessary, lay statements. The VA must provide the applicant with a Statement of Case, that includes a list of evidence it has analyzed.

The statement should outline in a clear manner the reasoning behind its decision, and how it interpreted the laws and regulations that impacted the case. It should address the allegations made by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to issue this document. If you are a veteran who is appealing a rating decision or a claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.