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 that you locate an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the best representation.
Appeals
If the VA rejects or doesn't accept a claim, the veteran or the surviving spouse can appeal. This is a complex and time-consuming process that can be complicated even with the most basic disability claims. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.
One of the main reasons people need to declare an application for disability benefits is that they are not satisfied with their disability rating. In this situation, the lawyer can make sure that the evidence is in place to justify a proper rating based on a disability condition caused by or aggravated by military service.
Another reason for people to seek out a veterans disability lawyer is that they've waited too long to get their benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA to obtain those documents.
A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you to focus on your health and any other obligations you have. Some attorneys are veterans themselves and this can provide them a unique compassion for their clients and give them a greater stake 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) provides veterans with more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence presented in the original claim and then make an additional decision regarding the case. The senior reviewer is able to affirm or reverse the previous rating decision.
A veteran or their representative can request an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. It is crucial to be prepared and provide the facts of your case in a clear manner at this time. A
veterans disability attorney can assist you in preparing for and participate in the informal conference.
The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For example, if the earlier reviewer misinterpreted evidence or made errors in the law. Senior reviewers are able to correct these mistakes by changing a previous decision, but only when it is in the best interests of the claimant.
A personal hearing can also be scheduled for the claimant in the wake of the review at a higher-level. This is an opportunity for the claimant to meet the person who is reviewing their claim and explain the arguments. A lawyer who is a veteran can assist in determining whether or not it's required to request a personal hearing, as well as with making and presenting the evidence during the hearing.
Notice of Disagreement
You can file a dispute within one year of the date the local office sent you the initial denial letter. The VA will then review your case again and issue an official statement of the case.
You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you fill out this form correctly so that it is effective in appealing the decision. It is not necessary to list every reason you disagree with the VA's decision, but it is advisable to be specific and help the VA to understand what you believe is wrong. Your attorney can help you on the evidence you should submit with the NOD, for example, statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this point, you have another chance to review it by a senior reviewer in the form of an Higher-Level Review. This process can take 25 months and you should be in contact with your lawyer at all times. If the VA denies your claim your attorney may request a hearing before an Veterans Law judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for the check.
Statement of the Case
Congress has passed numerous laws to ensure that
veterans disability attorneys receive compensation for injuries, illnesses and other ailments incurred during service. But the VA is a massive bureaucracy, and it's easy to be lost within the system. A veteran disability lawyer can help those seeking assistance navigate the system and provide the assistance they need.
The VA must review the case after the veteran has filed an Notice of Dispute at the local VA office. This includes examining the laws, regulations and evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as, if necessary, lay statements. The VA must provide the applicant with a Statement of Case, which includes a list of evidence that it has reviewed.
The statement should state in plain language the reasoning behind its 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 Statement of the Case is typically mailed to the veteran within 120 days of when the NOD was filed. However, due to the VA backlog it could take longer to mail this document. If you're a veteran who is appealing a decision on your rating or claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.