How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve The process of obtaining veterans disability benefits can be overwhelming. A good veterans disability attorney can guide you from start to finish. It is essential to find an attorney that only has experience in disability law and who handles these cases at all levels of appeal. This will ensure you receive the most effective representation. Appeal If the VA denies or does not consider a claim, the spouse of the deceased or veteran can file an appeal. This is a complicated and lengthy procedure that can be complicated, even for the simplest disability claims. A veterans disability lawyer can assist you in understanding the options available to you and help you get the benefits you deserve. A common reason why people make an application for disability benefits is that they are not satisfied with their disability status. In this instance, the lawyer can make sure that the evidence is in place to support an appropriate rating based on a debilitating condition caused by or aggravated by military service. Another reason that people tend to seek out a veterans disability lawyer is because they've been waiting too long to receive their benefits. The lawyer can help determine the missing documents, and then submit the request for these documents to the VA. A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This will give you time to concentrate on your health, as well as any other responsibilities you may have. Some lawyers are veterans and this can result in a unique empathy for their clients. This can make a major difference in the result of the appeal. Higher-Level Reviews Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence as was presented in the original claim, and then make a new decision on the case. The senior reviewer is able to either affirm or reverse the previous rating. The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, but only one of these conferences is allowed. In this meeting it is essential to prepare and present your case's details clearly. A veteran disability attorney can assist you in preparing for and take part in the informal conference. The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For example, if the earlier reviewer misinterpreted the evidence or made errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision, but only when it is in the best interest of the claimant. A personal hearing can also be scheduled for the claimant as a result of the review at a higher-level. This is an opportunity for the claimant to meet with the person who is reviewing their case and present their arguments. A lawyer for veterans disability can help determine whether it is necessary to request a personal hearing, and with making and presenting the evidence at the hearing. Notice of Disagreement You can file a dispute within one year from the date the local office mailed you the initial denial letter. The VA will review your case once more and draft an official statement of the case. You must utilize 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. You don't have to list all the reasons you don't agree with the VA's decision however, it is recommended to be specific to help the VA know what you believe is wrong. Your attorney can guide you about the type of evidence you can submit along with the NOD, including statements from medical professionals or the results of diagnostic tests. If your appeal is rejected at this point, you can request that it be reviewed by a senior judge through an Higher Level Review. The process can take between 25 and up to 25 months, and you should be with your lawyer throughout the process. If the VA is unable to resolve your claim, your lawyer may request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check when your claim is accepted. Statement of the Case Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries and conditions they've endured during their service. But the VA is a huge bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can assist people navigate the system and offer much needed assistance. The VA must examine the case after the veteran has filed the Notice of Dispute to the local VA office. This includes looking at the regulations, laws and evidence used to make the initial decision. This includes reviewing the veteran's medical record and at times lay statements. The VA must send the claimant a Statement of the Case, which contains a list of all evidence that it has reviewed. The statement should be in plain English and should explain the reasoning for the decision, including the interpretation of the laws and regulations which affect the case. It should address the claims made by the plaintiff in his or her NOD. The Statement of the Case is usually mailed to the veteran within 120 days from the date on which the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on a rating or a claim for benefit.