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

The process of submitting an application for benefits from veterans disability may seem overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.

It's crucial to find an attorney who 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

When the VA rejects or doesn't approve a claim, the veteran or the surviving spouse can file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability lawyer can assist you in understanding all of your options and obtain the benefits you deserve.

The most common reason people submit a disability claim is that they are not happy with their disability status. In this situation, the lawyer can make sure that the evidence is there to justify a proper rating based on a disability condition caused by or aggravated by military service.

A veterans disability lawyer may be needed by people who have not received their benefits. The lawyer can help determine the missing documents, and then make the request for these documents to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will let you focus on your health and other obligations you might have. Some attorneys are veterans, and this can create a unique empathy for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

veterans disability lawyers have more recourse options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits a senior reviewer to review the same evidence as was presented in the original claim, and then make an additional decision on the case. The senior reviewer is able to either confirm or reverse the previous rating.

A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is permitted. It is essential to be prepared and explain your case in a concise manner during this meeting. A veteran disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews can be used to correct mistakes by the earlier reviewer in a disability claim for example, not interpreting evidence correctly or making mistakes in the law. The senior reviewer can alter the previous decision made on the same claim to fix these types of errors however only if the modifications are beneficial to the person filing the claim.

The higher-level review could lead to a personal hearing for the applicant, which is an opportunity to talk to the person who will be reviewing the claim and present their arguments. A veterans disability lawyer can assist in determining whether it is necessary to request a private hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to submit a notice of disagreement within one year from the date that the local office gives you its original denial letter. The VA will then review your claim again and create an Statement of Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. It is not necessary to list every reason why you disagree with the decision. However, it is better to be specific so that the VA understands what exactly you believe to be incorrect. Your attorney can help you determine what evidence to include in the NOD. This could be statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this stage, then you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. This can take up to 25 months, veterans disability lawyer and you must have your attorney at your side every step of the procedure. If the VA rejects your claim, your attorney may request an appearance before an 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 that veterans receive compensation for illnesses, injuries, and conditions they've endured during their service. The VA is a massive bureaucracy and it's not difficult to be lost. A veteran disability lawyer can assist claimants navigate the system and offer the much-needed assistance.

The VA must review the case following the time a veteran has filed an Notice of Dispute at the local VA office. This involves examining the laws, regulations and the evidence used to make the original decision. This includes reviewing the medical records of the veteran as well as at times, lay statements. The VA must provide the claimant with an Statement of Case which includes a list with evidence it has analyzed.

The statement should outline in plain language the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address all arguments made by the claimant in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the document. If you are a veteran who is appealing a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.