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

The process of submitting an application for veterans disability benefits may seem overwhelming. The right veterans disability attorney will guide you from start to finish.

It's important to choose a lawyer who restricts their law practice to disability cases and exclusively handles these cases at every level of appeal. This ensures that you're getting the best representation.

Appeals

If the VA refuses or fails to consider a claim, the spouse of the deceased may appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason people need to make a disability claim is because they are not content with their disability rating. In this situation an attorney can make sure that there is sufficient evidence to support an appropriate rating due to a condition caused or aggravated by military service.

Another reason that people tend to need a veterans disability lawyer is because they've waited too long to get their benefits. The lawyer can help determine what documents are not available, and then submit a request for these records to the VA.

A veteran disability attorney can also help you deal with the VA away from your shoulders. This gives you the time to concentrate on your health, and any other responsibilities you may have. Some lawyers are veterans themselves, and this can give them a unique compassion for their clients and create a deeper investment in their cases. This could make a significant 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 regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence that was presented in the original claim, and make a fresh determination. The senior reviewer may affirm or reverse the previous rating decision.

A veteran or their agent may request an informal conference to discuss the matter with the senior reviewer. However, only one conference is permitted. It is crucial to be prepared and explain your case in a clear manner at this time. A veterans disability attorney can help you prepare for and participate in the informal conference.

Higher-level reviews are often used to correct mistakes by the earlier reviewer in a disability case that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously however only when it is beneficial to the claimant's interests.

The higher-level review can also result in a private hearing for the claimant which gives them the chance to connect with those who are reviewing the claim and to explain the arguments. A lawyer who is a veteran can assist with determining whether it's necessary to request a private hearing, and with preparation and presenting evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to make a formal notice of disagreement within one year of the date that the local office gives you its original denial letter. The VA will review your claim again and create an official statement of the case.

To file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. It is not necessary to list every reason you do not agree with the VA's decision but it is advisable to be specific to help the VA determine what you think is wrong. Your attorney can provide guidance about the type of evidence you can submit with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point, you have another chance to get it reviewed by an experienced reviewer in form of a Higher-Level review. The process can take between 25 and approximately 25 months. You should be with your attorney throughout the process. If the VA continues to deny your claim, your lawyer may request a hearing to be held before an veterans disability lawsuits Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for ailments, injuries and illnesses suffered during service. But, the VA is a massive bureaucracy that is easy to get lost in the maze of regulations. A veteran disability lawyer can assist people navigate the system and provide much needed assistance.

The VA must review the case following the time a veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations and the evidence used to make the original decision. Also, it involves looking over the veteran's medical records and in the event of a need, lay statements. The VA must provide the claimant with a Statement of Case, that includes a list of evidence that it has examined.

The statement should state clearly the reasoning behind the decision, and how it determined the law and regulations that affected the case. It should address the allegations raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. However, due to the VA backlog the agency might take longer to issue this document. If you're a veteran appealing the decision of a rating agency or a claim for benefits, please contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.