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

The process of applying for benefits for veterans disability law firm disability can seem overwhelming. The right veterans disability attorney can help you navigate it from beginning to end.

It's crucial to find a lawyer who has a limit on their practice to disabilities and only handles those cases at every level of appeal. This will ensure you receive the best representation.

Appeal

If the VA refuses to approve a claim or fails to accept benefits, it permits the veteran or or the spouse who died to appeal. It is a difficult and lengthy process that could be complicated, even for the most basic disability claims. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

A common reason why people need to declare an application for disability benefits is that they are unhappy with their disability rating. In this situation an attorney can make sure that there's enough evidence to justify an appropriate rating due to a condition caused or made worse by military service.

Another reason that people tend to require a veteran disability lawyer is because they've waited too long to receive their benefits. The lawyer can help determine the missing documents and submit a request to the VA for those records.

The help of a veterans disability attorney can also help you deal with the VA away from your shoulders. This will allow you to concentrate on your health and other obligations that you may have. Some attorneys are veterans, and this can create a unique compassion for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence as was presented in the original claim and then make an additional decision regarding the case. The senior reviewer is able to affirm or reverse the previous decision to rate.

A veteran or their representative may ask for an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is allowed. It is important to be prepared and provide your case in a concise way at this conference. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of a disability claim. For instance an earlier reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer may alter the previous decision made on the same claim in order to correct these kinds of mistakes however only if those modifications are beneficial for the person filing the claim.

A personal hearing can also be scheduled for the applicant as a result 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 for veterans disability can help determine whether it is necessary to request a personal hearing, and with preparing and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year from the date the local office mails you the initial denial letter. The VA will review your case again and create 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. It is not necessary to list every reason you disagree with the VA's decision, but it is advisable to be specific to help the VA to understand what you believe is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can request that it be reviewed again by a senior reviewer through an Higher Level Review. This process could take as long as about 25 months and you must be in contact with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer can request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans disability lawsuits receive compensation for injuries, illnesses and other ailments caused by their service. The VA is a big bureaucracy and it's not difficult to get lost. A veteran disability lawyer can help you navigate the process and provide much-needed assistance to those who are seeking benefits.

The VA must review the case following the time the veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the laws, regulations, and the evidence used to make the original decision. This includes looking over the veteran's medical record and 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 examined.

The statement should state in plain language the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that impacted the case. It should address any claims raised by the claimant in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding a rating or a claim for benefit.