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

The process of getting veterans disability benefits can be a challenge. The right attorney for veterans can guide you from start to finish.

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

Appeal

If the VA denies a claim or fails to approve benefits, it gives the veteran or his or her surviving spouse to appeal. This is a complicated and lengthy process that could be complicated even for the simplest disability claims. A veteran disability lawyer can assist you in understanding all your options and secure the benefits you deserve.

One common reason that people are required to file a disability claim is that they are unhappy with their disability status. In this case, a lawyer can make sure that the evidence is in place to justify a proper rating based on a disabling condition caused or exacerbated by military service.

A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA for those records.

A lawyer for veterans disability lawsuit can also take away the burden of dealing directly with the VA. This will give you time to concentrate on your health, as well as any other responsibilities you may have. Some attorneys are veterans themselves which can give them a unique compassion for their clients. They also increase the stakes in their cases. This could make a significant difference in the result 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 procedure that allows an experienced reviewer to examine the same evidence that was presented in the original claim and make a fresh determination. The senior reviewer can choose to either affirm or reverse the previous rating.

A veteran or their representative may ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is allowed. It is essential to be prepared and provide the facts of your case in a concise manner during this meeting. An attorney who is specialized in veterans ' disability can help to prepare and take part in the informal conference.

Higher-level reviews are typically used to correct mistakes by the previous reviewer in a disability case for example, failing to interpret evidence or making mistakes in the law. The senior reviewer can alter the previous decision made on the same claim in order to correct these mistakes, but only if those modifications are beneficial to the person filing the claim.

A personal hearing can also be scheduled for the claimant as a result of the higher-level review. This is a chance for the applicant to meet with the person reviewing their claim and discuss their arguments. A veterans disability lawyer can help determine whether it is required to request a personal hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may file a written notice of disagreement within one year from the date on which the local office has sent you the original denial notice. The VA will then review your claim once more and draft a Statement of Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you complete the form in a way that is effective in contesting the decision. You don't have to list every reason you don't agree with the VA's decision however, it is recommended to be specific to help the VA know what you believe is wrong. Your attorney can provide guidance on the kind of evidence to include with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you can have it reviewed by a senior reviewer through a Higher Level Review. This can take up to 25 months, and you must have your attorney by with you every step of the procedure. If the VA denies your claim, your lawyer can request a hearing before an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for ailments, injuries and illnesses that they suffer during their service. But, the VA is a massive bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist those seeking assistance navigate the system and provide the assistance they need.

The VA must examine the case after a veteran has filed an Notice of Dispute at the local VA office. This includes looking at the regulations, laws and evidence used in making the original decision. It also includes examining the medical records of the veteran as well as when necessary, lay statements. The VA must provide the claimant with an official statement of the case which is a list of all evidence it has studied.

The statement should outline in plain language the reasoning behind its decision, including how it interpreted the laws and regulations that affected the case. It should address the allegations that the claimant has made in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date on which the NOD was filed. However, due to the VA backlog it could take longer to mail the document. If you are a veteran who is appealing a rating decision or a claim for benefits, please contact a veterans disability lawsuits disability lawyer from Fusco, Brandenstein & Rada, P.C.