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

The process of getting veterans disability benefits can be overwhelming. A good veterans disability attorney will guide you from beginning to end.

It's essential to choose a lawyer who restricts their practice to disability cases and exclusively handles these cases at all levels of appeal. This ensures that you're receiving the best legal representation.

Appeals

If the VA denies a claim, or does not accept benefits, it permits the veteran or his spouse who survives to file an appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. A veteran's disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason people submit a claim for disability is that they are unhappy with their disability rating. In this case lawyers can make sure that there is enough evidence to support the proper rating in light of a condition that was caused or aggravated by military service.

A lawyer for veterans may be required by those who have had to wait too long for their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA to obtain those documents.

A veterans disability lawyer can take the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and any other obligations you might have. Some attorneys are veterans themselves, and this can give them a unique form of empathy with their clients and understanding create a deeper investment 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 option is a decision-review option that permits an experienced reviewer to examine the same evidence provided in the original claim, and make a fresh determination. The senior reviewer has the choice to either reverse or confirm the previous rating.

A veteran or their representative may ask for an informal meeting to discuss the case with the senior reviewer. However only one conference is permitted. It is crucial to be prepared and explain the facts of your case in a concise manner at this time. An attorney who is specialized in veterans disability can help you prepare and participate at the informal conference.

Higher-level reviews are typically used to correct mistakes made by the previous reviewer in the case of a disability claim which could include failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these mistakes by reversing a previous decision but only if it is beneficial to the claimant's interests.

A hearing at a personal level can be scheduled for the applicant as a result of the higher-level review. This gives the claimant to meet with the person who is reviewing their claim and explain the arguments. A veterans disability lawyer can help determine whether or not the need for a personal hearing is justified and prepare and present evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued an assessment, you may file a written notice of disagreement within one year from the date the local office gives you its original denial letter. The VA will then review your case again and create a Statement of the Case.

If you want to file a dispute to file a dispute, veterans Disability attorneys you must use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't need to list every reason why you are not with the decision. However it is best to be specific in order 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 include statements from medical professionals, or the results of diagnostic tests.

If your appeal is not granted at this stage If you are denied, you can try again to review it by an experienced reviewer in the form of a Higher-Level review. This could take anywhere from 25 months, and it is important to have an attorney on all the procedure. If the VA still denies your claim, your lawyer may request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check if your claim is awarded.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for injuries, illnesses and conditions incurred during service. However the VA is a massive bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability attorney can assist in navigating the process and offer much-needed assistance for those who are seeking benefits.

Once a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct a review of the case. This includes looking at the regulations, laws and evidence used to make 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 official statement of case which includes a list of evidence that it has reviewed.

This statement should be in plain language and explain the reasoning for the decision, including the interpretation of the laws and regulations that affect the case. It should address all the assertions made 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. However, due to the VA backlog the agency might take longer to mail the document. If you are a veteran attempting to appeal a decision on your rating or claim for benefits, contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.