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

The process of submitting an application for benefits for veterans disability can be overwhelming. A veterans disability lawyer can help you navigate the procedure.

It's important that you find an attorney that only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you get the best representation.

Appeals

If the VA rejects a claim or does not accept benefits, it permits the veteran, or his or spouse who is surviving to file an appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

The most common reason for people to submit a claim for disability is that they are not satisfied with their disability rating. In this case, the lawyer can ensure that the evidence is in place to support a valid rating based upon a disabling condition caused or exacerbated by military service.

Another reason for people to require a veteran disability lawyer is that they've waited too long for Attorneys benefits. The lawyer can help determine what documents are missing and submit a request to the VA for the relevant records.

A lawyer for veterans will also help you get rid of the burden of dealing directly with the VA. This will give you time to concentrate on your health, and any other obligations you have. Some attorneys are veterans themselves and this gives them a unique level of empathy for their clients and increase the stakes in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows a senior reviewer to look at the same evidence presented in the original claim and make an additional decision regarding the case. The senior reviewer can either affirm or reverse the previous rating decision.

A veteran or their representative could request an informal conference to discuss the case with the senior reviewer. However, only one of these conferences is allowed. In this meeting it is crucial to prepare and present your case's details in a clear way. A veterans disability attorney can help you prepare and participate in the informal conference.

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

The more extensive review can result in a private hearing for the applicant, which gives the claimant an opportunity to talk to the person who will be reviewing the claim and to explain the arguments. A veteran disability lawyer can assist in determining whether a personal hearing is needed and prepare and present evidence during the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may make a formal notice of disagreement within one year from the date when the local office gives you its original denial letter. The VA will review your case again and issue an official statement of the case.

To file a disagreement, you should use VA Form 21-958. A disability attorney can help to fill out the form correctly so that it is effective in appealing the decision. It is not necessary to list every reason that you disagree with the decision. However it is recommended to be specific so that the VA understands what exactly you believe to be incorrect. Your attorney can advise you on what evidence to submit to support the NOD, like 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 have it reviewed by an experienced reviewer in form of an Higher-Level Review. It could take as long as 25 months, and you should have an attorney on with you every step of the procedure. If the VA rejects your claim, your lawyer may request an appeal before an veterans disability lawsuits Law judge to present testimony and other evidence in person. Your lawyer will draft your check in the event that your claim is approved.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses, and other conditions suffered during service. However the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability attorney can help you navigate the process and provide crucial assistance to those seeking assistance.

The VA must review the case following the time the veteran has filed a Notice of Dispute with the local VA office. This includes reviewing the regulations, laws, and the evidence used in the initial decision. This includes reviewing the veteran's medical record and in the event of a need lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence it has analyzed.

This statement should describe in plain language the reasoning behind its decision, as well as how it determined the law and regulations that impacted the case. It should address the claims made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. Due to the VA backlog, it might take longer for the agency to issue the statement. If you are a veteran seeking to appeal a decision on your rating or claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.