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

The process of submitting an application for benefits from veterans disability may appear overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

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

Appeal

If the VA rejects or doesn't accept a claim, the spouse of the deceased can appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. An attorney for veterans can assist you in understanding your options and help you 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 rating. In this situation, a lawyer can make sure that there is enough evidence to back an appropriate rating in light of a condition that was caused or made worse by military service.

A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA for those records.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will give you time to focus on your health, and any other obligations you might have. Some attorneys are veterans, which can give them an exceptional 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 option is a decision-review option that permits an experienced reviewer to look at the same evidence that was presented in the original claim and then make a new decision. The senior reviewer has the choice to either affirm or reverse the previous rating.

A veteran or their representative may ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is permitted. At this meeting it is crucial to prepare and present your case's facts in a clear manner. A lawyer for veterans may help you prepare for and take part in the informal conference.

Higher-level reviews are typically used to correct errors made by the earlier reviewer in an appeal for disability that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision but only if it is beneficial to the claimant's interests.

A personal hearing can also be scheduled for the claimant as a result of the higher-level review. This provides the claimant to meet with the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can assist in determining whether it is necessary to request a private hearing, and also with creating and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to make a formal notice of disagreement within one year from the date on which the local office mails you the original denial letter. The VA will then review your case once more and prepare an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you fill out this form correctly to ensure it is effective in contesting the decision. You don't have to list all the reasons you disagree with the VA's decision but it is advisable to be specific in order to help the VA to understand what you believe is wrong. Your attorney can help you on what evidence to submit to support the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage If you are denied, you can try again to get it reviewed by a senior reviewer in form of a Higher-Level Review. This process could take up to 25 months and you should be with your lawyer at all times. If the VA still denies your claim, your lawyer could request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for injuries, illnesses and conditions they've endured during their 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 navigate the process and provide much-needed assistance for claimants.

The VA must examine the case after a veteran has filed the Notice of Dispute to the local VA office. This includes looking into the laws, regulations and evidence used in making the original decision. It also includes examining the medical records of the veterans and when necessary lay statements. The VA must send the claimant an official statement of the case that includes a list of all evidence it has examined.

This statement should be simple and clear, and also explain the reasoning of the decision, which should include the interpretation of the regulations and laws that affect the case. It should address the allegations that the claimant has made in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog and backlog, the agency could delay the release of this document. If you are a veteran who is appealing the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.