How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney will guide you from beginning to end.
It's important to find a lawyer who has a limit on their law practice to disability cases and exclusively handles these cases at every stage of appeal. This will ensure you receive the most effective representation.
Appeals
When the VA denies a claim or fails to approve benefits, it allows the veteran, or his or the spouse who died to file an appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A
veterans disability attorney can help you understand your options and obtain the benefits you deserve.
The most common reason for people to file a claim for disability is because they are dissatisfied with their disability status. In this case a lawyer can be sure that there is enough evidence to justify the proper rating for a condition that is caused or aggravated by military service.
A veterans disability lawyer could be needed by people who have waited too long to get their benefits. The lawyer can help determine what documents are missing, and then submit a request for these records to the VA.
The help of a veterans disability attorney can also relieve the burden of dealing with the VA away from you. This gives you the time to focus on your health and any other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique level of empathy 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) Veterans have more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence presented in the original claim, and make a fresh decision. The senior reviewer is able to either affirm or reverse the previous rating.
A veteran or their representative may ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. In this meeting it is important to prepare and present your case facts in a concise manner. A
veterans disability law firm disability attorney can help you prepare for and take part in the informal conference.
The higher-level reviews are typically used to correct errors made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer may alter an earlier decision regarding the same claim to correct these kinds of errors but only if the modifications are beneficial to the claimant.
The more thorough review may result in a private hearing for the claimant which gives the claimant an opportunity to speak with the person reviewing the claim and explain the arguments. A veterans disability lawyer can assist in determining whether or not it is required to request a personal hearing, and also with preparation and presenting evidence at the hearing.
Notice of Disagreement
After the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year of the date the local office gives you the initial denial letter. The VA will examine your claim once more and prepare a Statement of the Case.
To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can help you complete the form correctly so that it is effective in appealing the decision. You do not have to list all the reasons you disagree with the VA's decision but it is important to be specific in order to assist the VA understand what you think is wrong. Your attorney can advise you about the type of evidence you can submit in the NOD including statements from medical professionals or results of diagnostic tests.
If your appeal is not accepted at this point, you can request that it be reviewed again by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you should have your attorney by all the process. If the VA is unable to resolve your claim, your lawyer can request a hearing to be held before an 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 many laws to ensure that veterans receive compensation for injuries, illnesses and other ailments they've suffered during their time of service. However the VA is a huge bureaucracy that is easy to become lost in the system. A veteran disability lawyer can assist claimants navigate the system and provide much needed assistance.
If a veteran files a Notice of Disagreement to his or her local VA office, the agency must conduct a review of the case. This includes examining the regulations, laws and evidence used to reach the original decision. It also includes examining the medical records of the veteran and when necessary lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence it has examined.
The statement should state in a clear manner the reasoning behind its decision, including how it decided to interpret the laws and regulations that affected the case. It should address the allegations made by the plaintiff in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. Due to the VA backlog, it could take longer for the agency to issue the statement. If you are a veteran who is appealing a decision on your rating or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.