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

The process of applying for veterans disability benefits can appear overwhelming. A lawyer for veterans can help you navigate the procedure.

It's important that you locate an attorney who handles disability law and cases of this nature at all levels of appeal. This will ensure that you get the most effective representation.

Appeal

When the VA denies a claim, Vimeo or fails to approve benefits, it allows the veteran or his or the spouse who died to appeal. This is a complex and lengthy process that can be complicated even by the most simple disability claims. A veteran disability lawyer can help you understand all of your options and obtain the benefits you deserve.

The most common reason why people declare a disability claim is that they are not satisfied with their disability status. In this situation lawyers can make sure that there is sufficient evidence to back the appropriate rating due to a condition caused or made worse by military service.

Another common reason for people to seek out a grantsville veterans disability lawsuit disability lawyer is that they have been waiting too long to get their benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA for those records.

Having a veterans disability attorney can also take the burden of dealing with the VA away from you. This allows you to focus on your health and any other obligations that you may have. Some attorneys are veterans themselves which can give them a unique type of compassion for their clients. They also increase the stakes in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to look at the same evidence as in the original claim, and then make a new decision. The senior reviewer can confirm or reverse the previous decision to rate.

A veteran or their representative may ask for an informal meeting 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 clear manner at this meeting. An attorney that specializes in the field of veterans disability can assist you prepare and participate at the informal conference.

Higher-level reviews are typically used to correct mistakes made by the previous reviewer on the case of a disability claim, such as misinterpreting evidence or making errors in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision however only if it is in the claimant's best interest.

The higher-level review can also result in a hearing for the claimant, which gives them the chance to speak with the person reviewing the claim and present their arguments. A veteran disability attorney can help determine whether or not a personal hearing is needed and also prepare and present the evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office mailed you the initial denial letter. The VA will examine your claim again and create a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. It is not necessary to list all the reasons you do not agree with the VA's decision however, it is recommended to be specific in order to assist the VA to understand what you believe is wrong. Your attorney can help you decide what evidence to include with the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined by a senior reviewer through a Higher Level Review. The process can take between 25 and approximately 25 months. You should be with your lawyer throughout the process. If the VA refuses to accept your claim, your attorney can request an appearance before an Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, Vimeo injuries, and other ailments they've suffered during their time of service. But the VA is a huge bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can help applicants navigate the system and offer the much-needed assistance.

Once a veteran has filed a Notice of Disagreement with his local VA office, the VA must conduct a review of the case. This includes looking at the regulations, laws and evidence used to reach the original decision. Also, it involves looking over the medical records of the veterans and, if needed lay statements. The VA must provide the claimant with an Statement of Case which includes a list of evidence that it has examined.

The declaration should be written in plain language and provide the reasoning behind the decision, as well as the interpretation of the regulations and laws relevant to the case. It should address the issues made by the claimant in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about the basis of a rating or a claim for benefits.