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

The process of submitting an application for benefits for veterans disability can be overwhelming. The right veterans disability attorney will guide you from start to finish.

It's crucial to find an attorney who only handles disability law and cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

When the VA denies a claim or does not approve benefits, it gives the veteran or or spouse who is surviving to appeal. This is a complex and lengthy process that could be complicated, even for the most basic disability claims. A veterans disability lawsuit disability attorney can help you understand your options and help you get the benefits you deserve.

The most common reason for people to file a claim for disability is that they are not satisfied with their disability status. In this instance, the lawyer can ensure that the evidence is sufficient to support a valid rating based on a debilitating condition that was caused or worsened by military service.

Another common reason for people to need a veterans disability lawyer is because they've waited too long for benefits. The lawyer can assist in determining the missing documents, and then make the request for Veterans Disability Attorney these documents to the VA.

A veterans disability lawyer can relieve the burden of dealing with the VA away from you. This allows you to concentrate on your health and other obligations you might have. Certain attorneys are veterans which can give them a unique empathy for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows senior reviewers to review the same evidence as was presented in the original claim and make an entirely new decision in the case. The senior reviewer has the choice to either confirm or reverse the previous rating.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, however, only one such conference is permitted. In this meeting it is crucial to prepare and present your case facts in a concise manner. A veterans disability attorney can help you prepare and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of the disability claim. For example when the previous reviewer misinterpreted evidence, or made errors in the law. Senior reviewers can correct these errors by altering the decision made previously however only if it is beneficial to the claimant's interests.

A personal hearing could be scheduled for the claimant as a consequence of the higher-level review. This gives those seeking to be heard by the person who is reviewing their case and discuss their arguments. A veterans disability lawyer can help decide whether or not the need for a personal hearing is justified and also prepare and present the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office sent you the original denial letter. The VA will examine your claim once more and prepare an official statement of the case.

To file a complaint, you should use VA Form 21-958. A disability attorney can assist you complete the form in a manner that is effective in appealing the decision. It is not necessary to list every reason why you are not with the decision. However it is recommended to be specific so that the VA knows exactly what you believe is incorrect. Your attorney can assist you in deciding what evidence to include in the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is not granted at this point You have a second chance to get it reviewed by an experienced reviewer in form of an Higher-Level Review. This can take up to 25 months, and you must have your attorney by all the way. 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 attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for illnesses, injuries, veterans disability attorney and conditions they have suffered during their time of service. The VA is a massive bureaucracy, and it's easy to become lost. A veteran disability lawyer can help navigate the process and provide vital assistance to applicants.

The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the regulations, laws and evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as when necessary, lay statements. The VA must send the claimant a Statement of Case, which contains a list of all evidence it reviewed.

The statement should outline in clear language the reasoning behind its decision, and how it determined the law and regulations that impacted the case. It should address any claims that the claimant has made in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. However due to the VA backlog, the agency may delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about the amount of your rating or a claim for benefit.