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

The process of submitting an application for veterans disability benefits may be overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It is essential to choose a lawyer who restricts their law practice to disability cases, and only handles these cases at each level of appeal. This will ensure that you get the best representation.

Appeal

When the VA denies a claim or fails to allow benefits to be approved, it allows the veteran or his spouse who is surviving to file an appeal. Even the most basic disability claims can make this a complicated and lengthy 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 for people to file a claim for disability is that they are not satisfied with their disability rating. In this situation, the lawyer can ensure that all the evidence is in place to justify a proper rating based on a debilitating condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have not received their benefits. The lawyer can assist in determining what documents are missing, and then make an application for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will allow you to concentrate on your health and other obligations you might have. Some attorneys are veterans which can give them a unique empathy with their clients and increase the stakes in their cases. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence provided in the original claim, and make a new determination. The senior reviewer can choose to either confirm or reverse the previous rating.

The veteran or [Redirect Only] their representative may request an informal meeting with the senior reviewer to discuss the case, but only one of these conferences is allowed. It is crucial to be prepared and provide the facts of your case in a concise manner at this time. An attorney with expertise in the field of veterans disability lawsuits disability can assist you prepare and participate at the informal conference.

Higher-level reviews are usually utilized to correct errors made by the reviewer who was earlier in the case of a disability claim, such as mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter the previous decision made on the same claim in order to fix these types of errors, but only if those changes are beneficial to the person filing the claim.

The more thorough review may result in a private hearing for the claimant, which gives them the chance to speak with the person who will be reviewing the claim and to explain the arguments. A veterans disability lawyer can help determine whether it is necessary to request a private hearing, and also with preparation and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached an assessment, you may submit a notice of disagreement within one year from the date when the local office sends you the initial denial letter. The VA will review the claim once more and draft a Statement of Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to list all the reasons you disagree with the VA's decision however, it is recommended to be specific in order to assist the VA determine what you think is wrong. Your attorney can help you on the kind of evidence to include to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and you must have an attorney on with you every step of the process. If the VA still denies your claim, your lawyer can request that a hearing be conducted before an Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for injuries, illnesses, and other conditions that they suffer during their service. However the VA is a massive bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can help navigate the process and provide crucial assistance for those seeking assistance.

Once a veteran files a Notice of Disagreement with his or her local VA office, the VA must conduct an examination of the case. This includes looking into the regulations, laws and the evidence used to make the original decision. It also includes examining the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the applicant with a Statement of Case, which includes a list with evidence it has analyzed.

The statement should outline in plain language the reasoning behind the decision, including how it decided to interpret the laws and regulations that affected the case. It should address the claims made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was received. Due to the VA backlog, it may take longer for the agency to issue the statement. If you are a veteran attempting to appeal a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.