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

The process of applying for benefits for veterans disability can be overwhelming. The right veterans disability attorney will guide you from beginning to end.

It's essential to find an attorney who only has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures that you're getting the best representation.

Appeals

When the VA denies or does not accept a claim, the veteran or the surviving spouse can file an appeal. This is a complex and lengthy procedure that can be complicated even with the most simple disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason people need to make a disability claim is that they are not satisfied with their disability status. In this situation, the lawyer can ensure that all the evidence is in place to support a valid rating based on a disabling condition that is caused or exacerbated by military service.

Another common reason for people to need a veterans disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for those records.

A lawyer for veterans' disability will also help you get rid of the burden of dealing directly with the VA. This will let you focus on your health and any other obligations you might have. Some lawyers are veterans, and this can create an unmatched compassion for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to analyze the same evidence provided in the original claim and then make a new decision. The senior reviewer can either confirm or reverse the previous rating decision.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, but only one conference is allowed. At this conference it is crucial to prepare and present your case facts in a clear manner. A veterans disability attorney can help you prepare and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For example when the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer is able to alter a prior decision on the same claim in order to fix these types of mistakes however only if the changes are advantageous to the applicant.

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

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you can make a formal notice of disagreement within one year from the date the local office sends you the initial denial letter. The VA will then review your claim again and issue a Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist to fill out the form correctly to ensure it is effective in appealing the decision. You don't need to list every reason that you disagree with the decision. However it is best to be specific so that the VA is aware of what you believe to be wrong. Your attorney can help you determine what evidence to include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this stage, then you can have it reviewed by a senior reviewer through a Higher Level Review. This process could take up to approximately 25 months. You should be with your lawyer at all times. If the VA denies your claim, your attorney may request an appearance before an veterans disability law firms Law judge to present testimony and other evidence in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. However the VA is a huge bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can assist people navigate the system and offer the needed assistance.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the VA must conduct a review of the case. This includes examining the regulations, laws and the evidence used to make the original decision. This includes looking over the veteran's medical record and at times, lay statements. The VA must provide the claimant with a Statement of Case, that includes a list of evidence that it has examined.

This statement should describe clearly the reasoning behind the decision, as well as how it decided to interpret the laws and regulations that impacted the case. It should address all the assertions made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was sent. However, due to the VA backlog and backlog, the agency could take longer to issue the document. If you are a veteran appealing a decision on your rating or claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.