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'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 most effective representation.

Appeal

When the VA refuses or fails to consider a claim, the spouse or the veteran who is surviving can appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

One of the main reasons people have to make a disability claim is that they are unhappy with their disability ratings. In this instance an attorney can make sure that there is sufficient evidence to justify the proper rating due to a condition caused or aggravated by military service.

A Veterans Disability Lawyer (Www.Valleyforge.Org) may be required by those who have not received their benefits. The lawyer can help determine what documents are missing and then make an inquiry for these records to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you the time to concentrate on your health, as well as any other obligations you might have. Certain attorneys are veterans themselves which can give them a unique level of empathy for their clients and make them more invested in their cases. This can make a huge 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 option is a decision-review option that allows an experienced reviewer to examine the same evidence that was presented in the original claim and make a fresh determination. The senior reviewer has the option to either affirm or reverse the previous rating.

A veteran or their agent may ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is permitted. It is crucial to be prepared and present the facts of your case in a concise way at this conference. A lawyer for veterans disability lawyers may help you prepare for and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes by the reviewer who was earlier in a disability case that result in failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these mistakes by changing the previous decision however only if it is in the claimant's best interest.

A hearing at a personal level can be arranged for the claimant as a consequence of the higher-level review. This is an opportunity for the claimant to meet the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can help you determine whether or not it's necessary to request a personal hearing, and also with creating and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one-year of the date the local office sent you the initial denial letter. The VA will review the claim once more and draft a Statement of the Case.

To file a disagreement with the VA, you should fill out VA Form 21-958. A disability attorney can assist to fill out the form in a manner that is effective in contesting the decision. You don't need to list every reason you don't agree with the decision. However it is better to be specific in order that the VA understands what exactly you believe is incorrect. Your attorney can help you about the type of evidence you can submit in the NOD including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed by a senior reviewer through a Higher Level Review. This could take anywhere from 25 months, and it is important to have your attorney by all the procedure. If the VA denies your claim, your attorney can request a hearing before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are compensated for injuries, illnesses and other ailments that they suffer during their service. The VA is a huge bureaucracy and it's not difficult to be lost. A veteran disability lawyer can guide you through the process and provide much-needed assistance for claimants.

The VA must review the case after a veteran has filed an Notice of Dispute at the local VA office. This includes examining the laws, regulations and the evidence used to make the initial decision. This includes reviewing the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with an Statement of Case which includes a list of evidence it has analyzed.

This statement should describe in plain language the reasoning behind its decision, and how it interpreted the laws and regulations that impacted the case. It should address the issues that the claimant has made in his or her 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 it could take longer to issue this document. If you are a veteran seeking to appeal a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, veterans Disability Lawyer Brandenstein & Rada, P.C.