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 qualified veterans disability lawyer can assist you from beginning to end.

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 that you're receiving the best representation.

Appeals

If the VA rejects or doesn't approve a claim, the spouse of the deceased or veteran may appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. An attorney for veterans can help you understand your options and ensure you receive the benefits you deserve.

One of the main reasons people make a disability claim is that they are not satisfied with their disability rating. In this instance an attorney can make sure there is enough evidence to back an appropriate rating based on a condition caused or aggravated by military service.

A veterans disability lawyer may be required by those who have had to wait too long for their benefits. The lawyer can assist in determining the missing documents and then submit a request to the VA for the relevant records.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, as well as any other responsibilities you may have. Some attorneys are veterans, and this can create an unmatched empathy for their clients. This can make a big 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 option that allows an experienced reviewer examine the same evidence as in the original claim and then make a new decision. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. For this meeting it is important to prepare and present your case's information clearly. A lawyer for veterans may assist you in preparing for and participate in the informal conference.

Higher-level reviews are often used to correct mistakes made by the earlier reviewer in a disability claim, such as failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to rectify these errors however only if those changes are advantageous to the person filing the claim.

A personal hearing can also be arranged for the claimant in the wake of the review at a higher-level. This is a chance for the applicant to meet with the person who is reviewing their case and to present their case. A veterans disability lawyer can assist with determining whether or not it's required to request a personal hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to an assessment, you may file a written notice of disagreement within one year of the date that the local office sends you its original denial letter. The VA will then review your case again and create an official statement of the case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. It is not necessary to list every reason why you are not with the decision; however, it is better to be specific so that the VA is aware of what you believe is incorrect. Your attorney can help you determine what evidence to include with the NOD. This could include statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage There is a second chance to get it reviewed by an experienced reviewer in form of a Higher-Level review. This process could take up to approximately 25 months. You should be in contact with your attorney at every step. If the VA still denies your claim, your lawyer may request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a number of laws to ensure veterans disability lawyers receive compensation for illnesses, injuries, and ailments they've experienced during their time of service. However, the VA is a huge bureaucracy that is easy to get lost in the system. A veteran disability attorney can guide you through the process and provide vital assistance to claimants.

Once a veteran has filed a Notice of Disagreement with his local VA office, the VA must conduct an investigation into the case. This involves examining the laws, regulations and evidence used in making the original decision. It also includes examining the veteran's medical records and, if needed, lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence it examined.

This statement should explain in clear language the reasoning behind its decision, and how it decided to interpret the laws and regulations that affected the case. It should address the allegations made by the plaintiff in his or her NOD.

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