How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve The process of obtaining veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can assist you from beginning to end. It's essential to find an attorney that only handles disability law and cases of this nature at all levels of appeal. This helps ensure you'll be receiving the best legal representation. Appeal If the VA decides to deny or not accept a claim, the spouse or the veteran who is surviving can file an appeal. This is a complex and lengthy process that can be complicated even by the most simple disability claims. A veterans disability attorney can help you understand your options and get the benefits you deserve. The most common reason people are required to submit an claim for disability is because they are not happy with their disability ratings. In this case, the lawyer can ensure that the evidence is there to support a valid rating based on a debilitating condition caused or exacerbated by military service. Another reason for people to seek out a veterans disability lawyer is that they've waited too long for benefits. The lawyer can assist in determining the missing documents, and then make the request for these documents to the VA. Having a veterans disability attorney can also take the burden of dealing with the VA away from you. This allows you to concentrate on your health and any other responsibilities that you may have. Certain attorneys are veterans themselves and this can provide them a unique form of empathy with their clients and increase the stakes in their cases. This can make a huge difference in the outcome of the appeal. Higher-Level Reviews Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence as was presented in the original claim and then make a new decision on the case. The senior reviewer can confirm or reverse the previous rating decision. A veteran or their representative could request an informal conference to discuss the case with the senior reviewer. However only one conference is allowed. It is important to be prepared and present the facts of your case in a clear way at this conference. A lawyer for veterans may help you prepare and take part in the informal conference. The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct the errors by changing a previous decision, but only when it is in the best interests of the claimant. A hearing at a personal level can be arranged for the claimant as a result of the higher-level review. This gives the claimant to meet with the person who is reviewing their case and to present their case. A veteran disability lawyer can help decide whether a personal hearing is needed, as well as prepare and present evidence during the hearing. Notice of Disagreement Once the VA has reviewed your claim and made a decision, you are able to submit a notice of disagreement within one year of the date that the local office has sent you the initial denial letter. The VA will examine your claim once more and prepare an official statement of the case. You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, however, it is recommended to be specific in order to help the VA understand what you think is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. These could be statements from medical professionals, or the results of diagnostic tests. If your appeal is not granted at this point You have a second chance to be reviewed by a senior reviewer in the form of a Higher-Level review. The process can take between 25 and up to 25 months, and you should be in contact with your lawyer throughout the process. If the VA rejects your claim, your attorney may request an appearance before an Veterans Law judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for the check. Statement of the Case Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. However, the VA is a massive bureaucracy, and it's easy to get lost in the system. A veteran disability lawyer can assist applicants navigate the system and offer the assistance they need. The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes looking at the laws, regulations and evidence used in making the initial decision. It also involves examining the veteran's medical records and when necessary, lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all evidence it has reviewed. The statement should outline in plain language the reasoning behind the decision, including how it decided to interpret the laws and regulations that affected the case. It should address the claims raised by the claimant in the NOD. The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. Due to the VA backlog, it may take the agency longer to issue the statement. If you're a veteran who is appealing an appeal of a rating decision or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.