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

The process of obtaining veterans disability benefits can be a challenge. A veteran disability lawyer can guide you through the procedure.

It's important to find a lawyer who has a limit on their practice to disability cases, and only handles these cases at every stage of appeal. This will ensure you receive the best representation.

Appeal

When the VA rejects a claim or fails to approve benefits, it allows the veteran or his or spouse who is surviving to file an appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

A common reason why people need to make a disability claim is because they are not happy with their disability status. In this case, the lawyer can make sure that the evidence is in place to support a valid rating based on a debilitating condition caused or exacerbated by military service.

Another common reason for people to require a veterans disability lawyer is that they have been waiting for too long to receive benefits. The lawyer can assist in determining the missing documents and then submit a request to the VA to obtain those documents.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This allows you to concentrate on your health and other obligations you might have. Some attorneys are veterans disability law firm themselves and this can provide them a unique empathy with their clients and create a deeper investment in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence presented in the original claim, and then make an additional decision regarding the case. The senior reviewer can confirm or reverse the previous rating decision.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, but only one conference is permitted. It is crucial to be prepared and present the facts of your case in a clear manner at this time. An attorney that specializes in veterans ' disability can help you prepare and participate in the informal conference.

Higher-level reviews are often used to correct mistakes made by the previous reviewer on an appeal for disability, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers are able to correct these mistakes by changing a previous decision however only if it is beneficial to the claimant's interests.

A personal hearing could be scheduled for the claimant in the wake of the review at a higher level. This provides those seeking to be heard by the person who is reviewing their case and discuss their arguments. A lawyer for veterans disability can help determine whether it's required to request a personal hearing, and with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office issued the original denial letter. The VA will examine your claim again and create a Statement of the Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't have to list all the reasons you do not agree with the VA's decision, but it is best to be specific to help the VA to understand what you believe is wrong. Your attorney can guide you on the evidence you should submit along with the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage, then you can request that it be reviewed by a senior reviewer through an Higher Level Review. This could take up to 25 months, and you should have your lawyer by all the procedure. If the VA denies your claim your lawyer may request an appointment with a Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries, and conditions they've endured during their service. The VA is a huge bureaucracy and it's not difficult to get lost. A veteran disability attorney can help you navigate the process and offer much-needed assistance for applicants.

Once a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct an investigation into the case. This includes looking at the laws, regulations and evidence used in making the original decision. This also includes looking at the medical records of the veterans and when necessary lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence it has analyzed.

This statement should describe clearly the reasoning behind the decision, including how it interpreted the laws and regulations that impacted the case. It should address the allegations that the claimant has made in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date on which the NOD was filed. However due to the VA backlog it could take longer to issue this document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.