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

The process of obtaining veterans disability benefits can be overwhelming. A good veterans disability attorney can guide you from start to finish.

It's crucial to find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This ensures that you're getting the best representation.

Appeals

When the VA refuses or fails to accept a claim, the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. A veterans disability lawyer can assist you in understanding all your options and obtain the benefits you deserve.

A common reason why people need to make a disability claim is that they are unhappy with their disability status. In this case a lawyer can be sure there is enough evidence to back an appropriate rating in light of a condition that was caused or aggravated by military service.

Another common reason for people to require a veteran disability lawyer is that they've waited too long to get their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA for the relevant records.

The help of a veterans disability lawyer can take the burden of dealing with the VA away from you. This gives you the time to concentrate on your health and any other responsibilities you may have. Some lawyers are veterans disability law firm, and this may result in a unique compassion for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse 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 as in the original claim, and then make a new decision. The senior reviewer is able to either confirm or reverse the previous rating.

A veteran or their representative could request an informal conference to discuss the matter with the senior reviewer. However only one conference is permitted. It is important to be prepared and provide your case in a concise manner at this meeting. An attorney who is specialized in the field of veterans disability can assist to prepare and take part in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the earlier reviewer in the case of a disability claim that result in failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously, but only when it is beneficial to the claimant's interests.

The higher-level review can also lead to a personal hearing for the applicant, which provides an opportunity to speak with those who are reviewing the claim and explain the arguments. A lawyer for veterans can help determine whether it is necessary to request a personal hearing, as well as preparation and presenting evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you can file a notice of disagreement within one year from the date on which the local office sends you the initial denial letter. The VA will then review your claim once more and draft a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You don't have to include every reason why you are not with the decision. However, it is better to be specific so that the VA knows exactly what you believe to be incorrect. Your attorney can help you decide the evidence you should include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this stage You have a second chance to be reviewed by an experienced reviewer in form of a Higher-Level review. The process can take between 25 and 25 months and you should be in contact with your lawyer at all times. If the VA refuses to accept your claim, your lawyer could request a hearing to be held before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for injuries, illnesses and conditions they have suffered during their service. The VA is a big bureaucracy and it's easy for people to be lost. A veteran disability lawyer can assist applicants navigate the system and offer the assistance they need.

The VA must examine the case once a veteran has filed a Notice of Dispute with the local VA office. This includes reviewing the laws, regulations, and the evidence used to make the original decision. This also includes looking at the medical records of the veterans and, if needed, lay statements. The VA must send the claimant a Statement of Case that includes a list of all the evidence it has reviewed.

The statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the regulations and laws affecting the case. It should address all the claims made by the plaintiff in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the document. Contact a veterans disability law firm disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about a rating or a claim for benefits.