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 guide you from beginning to end.

It's essential to find a lawyer who has a limit on their practice to disability cases and exclusively handles these cases at each level of appeal. This will ensure you receive the most effective representation.

Appeals

When the VA refuses to approve a claim or does not accept benefits, it permits the veteran or or spouse who survives to appeal. This is a lengthy and time-consuming process that can be complicated even for the most straightforward disability claims. A veteran disability lawyer can help you understand the various options available and get the benefits you deserve.

The most common reason why people declare a disability claim is that they are not satisfied with their disability rating. In this instance lawyers can make sure that there is sufficient evidence to justify a rating that is appropriate based on a condition that is caused or worsened by military service.

A veterans disability lawsuit disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing, and then submit an inquiry for these records to the VA.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will let you concentrate on your health and any other responsibilities that you may have. Some lawyers are veterans and this can create a unique compassion for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to examine the same evidence that was presented in the original claim and make a new determination. The senior reviewer may confirm or reverse the previous decision to rate.

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

Higher-level reviews can be used to correct errors made by the previous reviewer on a disability claim for example, mistakenly interpreting evidence or committing errors in the law. The senior reviewer may alter an earlier decision regarding the same claim to fix these types of mistakes however only if the modifications are beneficial for the person filing the claim.

The higher-level review could result in a hearing for the applicant, which gives them the chance to talk to those who are reviewing the claim and explain their arguments. A veterans disability lawyer can assist in determining whether or not it's required to request a personal hearing, and with preparation and presenting evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year of the date the local office issued the original denial letter. The VA will review your case once more and draft a Statement of Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. It is not necessary to list every reason you do not agree with the VA's decision, but it is best to be specific in order to help the VA to understand what you believe is wrong. Your attorney can help you decide which evidence to include in the NOD. This could include statements from medical professionals, or results of diagnostic tests.

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

Statement of the Case

Congress has passed numerous laws to ensure veterans receive compensation for illnesses, injuries and conditions they've endured during their time of service. The VA is a massive bureaucracy and it's easy for people to become lost. A veteran disability lawyer can assist in navigating the process and provide vital assistance to claimants.

Once a veteran has filed a Notice of Disagreement to his or her local VA office, the VA must conduct an investigation into the case. This involves examining the laws, regulations and evidence used to make the original decision. This includes looking over the veteran's medical record and, if necessary lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence it reviewed.

The statement should outline in clear language the reasoning behind its decision, including how it determined the law and regulations that affected the case. It should address all the assertions made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was sent. However, due to the VA backlog the agency might take longer to mail this document. If you are a veteran appealing the decision of a rating agency or a claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.