How a veterans disability law firms Disability Attorney Can Help You Get the Benefits You Deserve

The process of applying for veterans disability benefits may seem overwhelming. The right veterans disability attorney can help you navigate it from start to finish.

It is essential to locate an attorney who has experience in disability law and who handles these cases at all levels of appeal. This ensures you're receiving the best legal representation.

Appeal

If the VA denies a claim, or does not approve benefits, it allows the veteran, or his or the spouse who died to file an appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason for people to file a claim for disability is that they are not satisfied with their disability status. In this instance a lawyer can be sure that there is enough evidence to back the proper rating based on a condition caused or aggravated by military service.

Another reason for people to require a veterans disability lawyer is because they've waited for too long to receive benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for the relevant records.

A veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This will let you focus on your health and other obligations you might have. Certain attorneys are veterans themselves which can give them a unique level of compassion for their clients and give them a greater stake in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able 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 analyze the same evidence presented in the original claim and make a fresh decision. The senior reviewer has the choice to either affirm or reverse the previous rating.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, however, only one of these conferences is allowed. In this meeting, it is important to prepare and present your case's facts in a clear way. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews are often used to correct errors made by the earlier reviewer in a disability case for example, failing to interpret evidence or making mistakes in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision however only when it is in the claimant's best interest.

A personal hearing may be arranged for the claimant as a consequence of the review at a higher level. This is an opportunity for the claimant to meet with the person reviewing their claim and discuss their arguments. A lawyer who is a veteran can assist in determining whether or not it's required to request a personal hearing, and with preparation and presenting evidence at the hearing.

Notice of Disagreement

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

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

If your appeal is denied at this stage There is a second chance to be reviewed by an experienced reviewer in the form of A Higher-Level Review. This process could take up to approximately 25 months. You should be in contact with your lawyer at all times. If the VA denies your claim, your lawyer may request an appeal before a veterans disability law firm Law judge to present evidence and testimony in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for their ailments, injuries and illnesses caused by their service. However, the VA is a massive bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can help claimants navigate the system and provide much needed assistance.

The VA must examine the case after the veteran has filed a Notice of Dispute with the local VA office. This includes looking at the laws, regulations and evidence used to make the original decision. Also, it involves looking over 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 contains a list of evidence that it has examined.

This statement should explain in clear language the reasoning behind its decision, and how it decided to interpret the laws and regulations that affected the case. It should address all contentions the claimant raised in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date the NOD was filed. However, due to the VA backlog and backlog, the agency could take longer to issue this document. If you're a veteran who is appealing a decision on your rating or claim for benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.