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 veterans disability lawyer can help you navigate the process.

It's essential to locate an attorney who handles disability law and cases of this nature at all levels of appeal. This helps ensure you'll be getting the best representation.

Appeal

When the VA denies or does not accept a claim, the spouse of the deceased or veteran can file an appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. An attorney for veterans can assist you in understanding your options and help you get the benefits you deserve.

A common reason why people make a disability claim is that they are not happy with their disability ratings. In this instance, a lawyer can make sure there is enough evidence to back the proper rating for a condition that is caused or made worse by military service.

Another reason that people tend to seek out a veterans disability law firm disability lawyer is that they've waited too long to receive their benefits. The lawyer can assist in determining what documents are missing, Veterans Disability Law Firms and then submit an inquiry for these records to the VA.

A veterans disability attorney can also help you deal with the VA away from you. This will give you the time to focus on your health, and any other responsibilities you may have. Some lawyers are veterans themselves and this gives them a unique compassion for their clients and create a deeper investment in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans can appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer has the option to either affirm or reverse the previous rating.

A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. It is essential to be prepared and be able to present the facts of your case in a concise manner at this meeting. A lawyer for veterans may help you prepare for 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 the evidence or made mistakes in the law. Senior reviewers can correct these errors by changing a previous decision, but only when it is beneficial to the claimant's interests.

The more extensive review can result in a personal hearing for the claimant which provides an opportunity to meet with the person who will be reviewing the claim and present the arguments. A lawyer for veterans disability can help you determine whether or not it's necessary to request a private hearing, and with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office sent you the initial denial letter. The VA will examine your claim once more and draft 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 you complete this form correctly to appeal the decision. You don't have to list every reason why you are not with the decision. However it is recommended to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can assist you in deciding the evidence you should include in the NOD. This could be statements from medical professionals or results from diagnostic tests.

If your appeal is not granted at this stage If you are denied, you can try again to get it reviewed by a senior reviewer in form of A Higher-Level Review. This process can take 25 months and you should be in contact with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer can request a hearing before an Veterans Disability Law Firms Law judge to present testimony and other evidence in person. Your attorney will draft your check in the event that your claim is approved.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their service. The VA is a huge bureaucracy and it's easy to be lost. A veteran disability lawyer can help people navigate the system and offer much needed assistance.

Once a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct an examination of the case. This includes reviewing the regulations, laws, and the evidence used in the original decision. This includes looking over the veteran's medical record and, if necessary lay statements. The VA must provide the claimant with a Statement of the Case which is a list of all evidence it has looked over.

The statement should outline clearly the reasoning behind the decision, including how it determined the law and regulations that affected the case. It should address any claims made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. Due to the VA backlog, it might take longer for the agency to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over the amount of your rating or Veterans disability law firms a claim for benefit.