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

The process of obtaining veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can help you navigate it from start to finish.

It's crucial to locate an attorney who handles disability law and cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

When the VA refuses or fails to approve a claim, either the veteran or the surviving spouse may appeal. It is a difficult and lengthy process that can be complicated, even for the most straightforward disability claims. A veteran disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.

One of the main reasons people have to file a disability claim is that they are unhappy with their disability rating. In this instance a lawyer can be sure that there is sufficient evidence to support the appropriate rating for a condition that is that is caused or worsened by military service.

A veterans disability lawyer (click through the next page) may be required by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and then make a request for these records to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you time to focus on your health, as well as any other obligations you have. Some lawyers are veterans and this can create an innate empathy for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence as in the original claim, and make a new determination. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their agent may arrange for an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is allowed. For this meeting it is important to prepare and present your case facts in a clear manner. A veteran disability attorney can help you prepare for and take part in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of the disability claim. For example when the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer is able to alter an earlier decision on the same claim to fix these types of errors however only if those changes are beneficial to the person filing the claim.

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

Notice of Disagreement

You may file a complaint within one-year of the date the local office received the initial denial letter. The VA will review your claim again and create an official statement of the case.

In order to file a disagreement, you should use VA Form 21-958. A disability attorney can help you complete the form in a way that is effective in contesting the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, but it is best to be specific in order to assist the VA determine what you think is wrong. Your attorney can help you determine the evidence you should include in the NOD. This could be statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this point, you can request that it be reviewed by a senior reviewer through an 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 refuses to accept your claim, your lawyer may request an appeal before an Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for their injuries, illnesses and other ailments suffered during service. The VA is a massive bureaucracy and it's not difficult to be lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide much needed assistance.

Once a veteran has filed a Notice of Disagreement in his or local VA office, the agency must conduct an examination of the case. This includes looking into the laws, regulations and the evidence used in the initial decision. This includes looking over the medical records of the veteran and in the event of a need, lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence that it has reviewed.

The declaration should be written in plain language and explain the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address all contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was filed. However, due to the VA backlog, the agency may take longer to mail the document. If you're a veteran who is appealing an appeal of a rating decision or claim for benefits, you should contact a veterans disability lawyers disability lawyer from Fusco, Brandenstein & Rada, P.C.