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

The process of obtaining veterans disability lawsuit disability benefits can be a challenge. The right attorney for veterans will guide you from beginning to end.

It's crucial to locate a lawyer that limits their practice to disability cases and only handles those cases at every stage of appeal. This will ensure you receive the best representation.

Appeal

When the VA denies a claim, or fails to approve benefits, it gives the veteran or his spouse who survives to appeal. This is a lengthy and lengthy procedure that can be complicated even with the most basic disability claims. A veterans disability lawyer can assist you in understanding the options available to you and obtain the benefits you deserve.

A common reason why people need to make a disability claim is because they are not content with their disability rating. In this instance, the lawyer can ensure that the evidence is in place to justify a proper rating based on a disability condition that was caused or worsened by military service.

A veterans disability lawyer could be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing, and then submit a request for these records to the VA.

The help of a veterans disability lawyer can relieve the burden of dealing with the VA away from you. This will give you the time to concentrate on your health, and any other obligations you have. Some attorneys are veterans themselves which can give them a unique form of empathy with their clients and make them more invested in their cases. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence as in the original claim, and make a fresh determination. The senior reviewer can either affirm or reverse the previous rating decision.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one of these conferences is allowed. In this meeting it is important to prepare and present your case's facts in a clear manner. An attorney that specializes in veterans ' disability can help you prepare for and participate in the informal conference.

Higher-level reviews are typically used to correct errors made by the previous reviewer in the case of a disability claim, such as failing to interpret evidence or making mistakes in the law. Senior reviewers can correct the errors by changing the previous decision however only when it is beneficial to the claimant's interests.

The more extensive review can result in a hearing for the applicant, which is an opportunity to talk to the person who will be reviewing the claim and explain their arguments. A lawyer for veterans disability can assist in determining whether it's necessary to request a personal hearing, as well as with creating and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you can make a formal notice of disagreement within one year of the date when the local office has sent you the original denial notice. The VA will examine your claim again and create 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 fill out the form correctly to appeal the decision. You do not have to list every reason you do not agree with the VA's decision, but it is best to be specific to help the VA know what you believe is wrong. Your attorney can help you decide what evidence to include in the NOD. This could be statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this point If you are denied, you can try again to review it by an experienced reviewer in form of a Higher-Level Review. It could take as long as 25 months, and it is important to have an attorney on your side throughout the process. If the VA refuses to accept your claim, your lawyer may request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions that they suffer during their service. But the VA is a massive bureaucracy that is easy to get lost in the maze of regulations. A veteran disability lawyer can guide you through the process and provide vital assistance to claimants.

When a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct an examination of the case. This includes looking into the regulations, laws, and evidence used in the initial decision. This also includes looking at the veteran's medical records and, if needed, lay statements. The VA must send the claimant a Statement of the Case that includes a list of all evidence it studied.

The statement should state in a clear manner the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address the claims that the claimant has made in the NOD.

The Statement of the Case is usually sent 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 statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding the basis of a rating or a claim for benefits.