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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can help you navigate it from start to finish.

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

Appeals

When the VA decides to deny or not approve a claim, the spouse or the veteran who is surviving may 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 for people to declare a disability claim is because they are dissatisfied with their disability status. In this case, the lawyer can make sure that the evidence is sufficient to support an appropriate rating based on a debilitating condition caused or exacerbated by military service.

Another reason for people to require a veterans disability lawyer is that they've waited for too long to receive benefits. The lawyer can assist in determining the missing documents and submit a request to the VA for the relevant records.

A veterans disability lawyer 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. Certain attorneys are veterans themselves which can give them a unique form of empathy for their clients and create a deeper investment in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

veterans disability lawsuits have more recourse options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows senior reviewers to examine the same evidence that was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer is able to confirm or reverse the previous decision to rate.

The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, however, only one conference is allowed. At this meeting it is essential to prepare and present your case's details in a clear manner. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of a disability claim. For example, if the earlier reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to rectify these mistakes however only if those modifications are beneficial for the applicant.

The higher-level review could lead to a personal hearing for the applicant, which gives them the chance to talk to the person who will be reviewing the claim and explain their arguments. A veteran disability attorney can help determine whether the need for a personal hearing is justified and can also prepare and present evidence at the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to an assessment, you may make a formal notice of disagreement within one year of the date when the local office gives you the initial denial letter. The VA will review your claim once more and draft a Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist to fill out the form correctly to appeal the decision. It is not necessary to list every reason that you disagree with the decision; however it is recommended to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can provide guidance on the evidence you should submit along with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can have it re-examined again by a senior reviewer through an Higher Level Review. This process could take as long as 25 months and you should be in contact with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer may request a hearing before a Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for injuries, illnesses, and other conditions caused by their service. However, the VA is a massive bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can assist those seeking assistance navigate the system and provide the much-needed assistance.

When a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct an examination of the case. This includes looking into the laws, regulations and the evidence used to make the original decision. This includes looking over the medical records of the veteran and, if necessary lay statements. The VA must send the claimant a Statement of Case which is a list of all evidence it has studied.

This statement should describe in a clear manner the reasoning behind its decision, as well as how it determined the law and regulations that affected the case. It should address all claims made by the plaintiff in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date on which the NOD was filed. However, due to the VA backlog, the agency may delay the release of the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding a rating or a claim for benefits.