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

The process of obtaining veterans disability benefits can be a challenge. The right attorney for veterans can guide you from beginning to end.

It's important to find a lawyer who limits their law practice to disabilities and only handles those cases at each level of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA denies a claim, or does not approve benefits, it allows the veteran, or his or spouse who survives to appeal. This is a complex and lengthy procedure that can be complicated, even for the most simple disability claims. A veteran disability lawyer can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason people submit a claim for disability is because they are dissatisfied with their disability rating. In this situation, a lawyer can make sure that there is sufficient evidence to justify the proper rating in light of a condition that was caused or made worse by military service.

A veterans disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing, and then make an application for these records to the VA.

The help of a veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This allows you to focus on your health and any other obligations you have. Some attorneys are veterans, which can give them an innate empathy for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

veterans disability law firm are able to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence that was presented in the original claim and then make a new decision on the case. The senior reviewer has the choice to either reverse or confirm the previous rating.

The person who is the veteran or their representative could arrange for a casual conference with the senior reviewer to discuss the case, but only one such conference is allowed. It is important to be prepared and be able to present the facts of your case in a clear manner at this time. An attorney who specializes in the field of veterans disability can assist you prepare for and participate in the informal conference.

Higher-level reviews are often used to correct errors made by the reviewer who was earlier in the case of a disability claim for example, mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter an earlier decision regarding the same claim to correct these mistakes however only if those changes are beneficial to the person filing the claim.

A personal hearing may be scheduled for the claimant in the wake of the review at a higher-level. This provides those seeking to be heard by the person who will be reviewing their claim and to present their case. A veteran disability lawyer can help determine whether or not a personal hearing is required and prepare and present the evidence for 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 of the date the local office has sent you the initial denial letter. The VA will review your claim again and create an official statement of the case.

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

If your appeal is denied at this point, you can have it reviewed by a senior reviewer through an Higher Level Review. This process can take up to 25 months, and you should be with your lawyer throughout the process. If the VA is unable to resolve your claim, your lawyer may request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for injuries, illnesses and conditions they've endured during their service. The VA is a large bureaucracy and it's easy to get lost. A veteran disability lawyer can help navigate the process and offer much-needed assistance to those who are seeking benefits.

The VA must review the case following the time the veteran has filed the Notice of Dispute to the local VA office. This includes looking into the laws, regulations, and the evidence used in the original decision. Also, it involves looking over the veteran's medical records and in the event of a need, lay statements. The VA must provide the applicant with the Statement of Case that includes a list of evidence it has analyzed.

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

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was received. Due to the VA backlog it may take the agency longer to issue the statement. If you're a veteran who is appealing the decision of a rating agency or a claim for benefits, please contact a lawyer for veterans disability law firm disability from Fusco, Brandenstein & Rada, P.C.