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

The process of applying for benefits from veterans disability may appear overwhelming. The right veterans disability attorney can assist you from start to finish.

It's crucial to find a lawyer who limits their practice to disability cases and exclusively handles those cases at all levels of appeal. This will ensure that you're getting the best representation.

Appeal

When the VA denies a claim or fails to allow benefits to be approved, it allows the veteran or his or spouse who is surviving to appeal. This is a complicated and lengthy process that could be complicated even for the most simple disability claims. A veterans disability attorney can assist you in understanding 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 situation a lawyer can be sure that there is enough evidence to back the appropriate rating in light of a condition that was caused or aggravated by military service.

Another reason for people to require a veteran disability lawyer is because they've been waiting too long to receive their benefits. The lawyer can assist in determining what documents are not available, and then submit an application for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will let you focus on your health and other obligations you have. Some attorneys are veterans themselves and this gives them a unique compassion for their clients. They also create a deeper investment in their cases. This can make a big 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 procedure that allows an experienced reviewer to analyze the same evidence provided in the original claim and make a fresh decision. The senior reviewer can affirm or reverse the previous rating decision.

The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, but only one of these conferences is permitted. At this meeting it is essential to prepare and present your case's details in a concise manner. 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 the disability claim. For instance when the previous reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer can alter a prior decision on the same claim in order to rectify these mistakes, but only if those modifications are beneficial to the applicant.

A personal hearing could be scheduled for the claimant as a consequence of the review at a higher level. This gives the claimant to meet the person reviewing their claim and discuss their arguments. A veteran disability lawyer can help decide whether a personal hearing is required, as well as prepare and present evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year from the day the local office issued the original denial letter. The VA will then review your claim again and create an Statement of Case.

To file a disagreement for a disagreement, you should file VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't have to include every reason why you disagree with the decision; however it is best to be specific in order that the VA is aware of what you believe to be wrong. Your attorney can guide you on the kind of evidence to include along with the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you have another chance to review it by a senior reviewer in the form of a Higher-Level Review. This process could take up to 25 months and you should be with your attorney at every step. If the VA is unable to resolve your claim, your lawyer could request that a hearing be conducted before an veterans disability law firms Law Judge to present evidence and testimony in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for their injuries, illnesses and conditions suffered during service. The VA is a massive bureaucracy and it's not difficult to get lost. A veteran disability attorney can help navigate the process and offer much-needed assistance to those seeking assistance.

The VA must review the case after the veteran has filed the Notice of Dispute to the local VA office. This includes reviewing the laws, regulations, and the evidence used in the original decision. It also involves examining the veteran's medical records and in the event of a need, lay statements. The VA must send the claimant an official statement of the case, which contains a list of all evidence it has studied.

The statement should outline clearly the reasoning behind its decision, and how it decided to interpret the laws and regulations that impacted the case. It should address any claims made by the claimant in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the document. If you're a veteran who is appealing a rating decision or a claim for benefits, get in touch with a lawyer for veterans disability law firms disability from Fusco, Brandenstein & Rada, P.C.