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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can help you navigate it from beginning to end.

It's crucial to find a lawyer who has a limit on their law practice to disabilities and only handles those cases at all levels of appeal. This will ensure that you're receiving the best representation.

Appeals

When the VA refuses to approve a claim or does not allow benefits to be approved, it allows the veteran or his spouse who is surviving to file an appeal. This is a complex and lengthy process that can be complicated even for the most straightforward disability claims. A veterans disability attorney can help you understand your options and get the benefits you deserve.

A common reason for people to file a claim for disability is that they are not satisfied with their disability status. In this case a lawyer can be sure that there's enough evidence to back a rating that is appropriate in light of a condition that was caused or aggravated by military service.

A veteran disability lawyer might be needed by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for the relevant records.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will give you the time to focus on your health, as well as any other obligations you have. Some lawyers are veterans, which can give them an unmatched compassion 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 do not agree. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence that was presented in the original claim and make an additional decision regarding the case. The senior reviewer is able to affirm or reverse the previous rating decision.

The veteran or their representative can request a 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's information in a concise manner. A veterans disability attorney can help you prepare for and take part in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of an appeal for disability. For instance, if the earlier reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer may alter a prior decision on the same claim in order to correct these kinds of mistakes, but only if those changes are advantageous to the claimant.

The more thorough review may result in a private hearing for the applicant, which gives the claimant an opportunity to speak with those who are reviewing the claim and to explain the arguments. A lawyer for veterans disability law firms disability can help you determine whether it is required to request a personal hearing, and also with preparing and presenting the evidence during the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you are able to file a notice of disagreement within one year from the date on which the local office sends you the initial denial letter. The VA will review the case once more and draft a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form in a manner that is effective in appealing the decision. You do not have to list every reason you don't agree with the VA's decision but it is important to be specific and help the VA determine what you think is wrong. Your attorney can help you determine what evidence to include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed by a senior judge through a Higher Level Review. This can take up to 25 months, and you must have an attorney on all the procedure. If the VA rejects your claim, your lawyer may request a hearing before a 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 passed numerous laws to ensure that veterans receive compensation for illnesses, injuries and conditions they have suffered during their service. The VA is a large bureaucracy and it's easy for people to be lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide much needed assistance.

The VA must examine the case after a veteran has filed a Notice of Dispute with the local VA office. This includes examining the regulations, laws and evidence used to make the initial decision. This also includes looking at the medical records of the veteran and when necessary, lay statements. The VA must send the claimant a Statement of Case, which contains a list of all evidence that it has studied.

The statement should outline clearly the reasoning behind its decision, as well as how it interprets the laws and regulations that affected the case. It should address the allegations raised by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date on which the NOD was filed. However, due to the VA backlog and backlog, the agency could take longer to mail the document. If you are a veteran appealing the decision of a rating agency or a claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.