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

The process of obtaining veterans disability benefits can be overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It is essential to find a lawyer who has a limit on their law practice to disability cases and only handles those cases at each level of appeal. This will ensure that you get the best representation.

Appeals

If the VA denies a claim or fails to approve benefits, it gives the veteran or his spouse who survives to appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. A veteran disability lawyer can help you understand all your options and secure the benefits you deserve.

The most common reason for people to declare a disability claim is because they are dissatisfied with their disability status. In this situation lawyers can make sure there is enough evidence to support the appropriate rating based on a condition caused or aggravated by military service.

A veterans disability lawyer may be needed by people who have not received their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA to obtain those documents.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you to focus on your health and any other obligations you have. Some lawyers are veterans and this can result in an innate empathy for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Veterans can appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits the senior reviewer to examine the same evidence presented in the original claim, and then make an entirely new decision in the case. The senior reviewer has the option to either reverse or confirm 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 of these conferences is permitted. It is important to be prepared and be able to present your case in a clear way at this conference. 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 an appeal for disability which could include failing to interpret evidence or making mistakes in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously however only if it is in the claimant's best interest.

A personal hearing may be arranged for the claimant as a result of the higher-level review. This provides the claimant to meet the person reviewing their claim and to present their case. A veterans disability lawyer can help determine whether it is necessary to request a private hearing, as well as making and presenting the evidence during the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you can submit a notice of disagreement within one year from the date the local office gives you the initial denial letter. The VA will review your claim again and veterans disability lawyer issue a Statement of the Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can assist you complete this form correctly to appeal the decision. You don't have to list every reason you don't agree with the decision; however, it is better to be specific so that the VA understands what exactly you believe to be wrong. Your attorney can guide you on the kind of evidence to include along with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this stage, then you can request that it be reviewed by a senior judge through an Higher Level Review. It could take as long as 25 months, and you must have your attorney by with you every step of the way. If the VA denies your claim, your attorney can request an appeal before an Veterans Law judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for ailments, injuries and illnesses caused by their service. But, the VA is a huge bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can help navigate the process and provide crucial assistance to claimants.

The VA must examine the case once the veteran has filed an official Notice of Dispute with the local VA office. This involves examining the laws, regulations, and the evidence used in the original decision. It also includes examining the medical records of the veteran as well as, Veterans disability Lawyer if needed, lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of all evidence that it has looked over.

The declaration should be written in plain language and provide the reasoning for the decision, including the interpretation of the laws and regulations relevant to the case. It should address the issues raised by the claimant in the NOD.

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