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 assist you from start to finish.

It's important to locate a lawyer that limits their practice to disability cases and only handles these 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 accept benefits, it permits the veteran, or his or her surviving spouse to file an appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason people make a disability claim is because they are not satisfied with the disability rating they have received. In this case, the lawyer can make sure that the evidence is there to support an appropriate rating based on a disabling condition that is caused or exacerbated by military service.

A veterans disability lawsuit disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can help determine the missing documents, 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 the time to concentrate on your health and any other responsibilities you may have. Certain 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 are able to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that permits a senior reviewer to examine the same evidence that was presented in the original claim and make an entirely new decision in the case. The senior reviewer can either affirm or reverse the previous rating decision.

A veteran or their representative may ask for an informal meeting to discuss the case with the senior reviewer. However, only one conference is allowed. For this meeting it is essential to prepare and present your case facts in a clear manner. An attorney with expertise in the field of veterans disability can assist you prepare for and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For instance in the event that the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer can alter an earlier decision regarding the same claim in order to fix these types of mistakes however only if those modifications are beneficial for the person filing the claim.

A hearing at a personal level can be scheduled for the claimant in the wake of the review at a higher-level. This provides the applicant to meet with the person who is reviewing their case and explain the arguments. A veterans disability lawyer - mouse click the next article - can help you determine whether or not it's necessary to request a private hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office issued the initial denial letter. The VA will review your case again and prepare a Statement of Case.

To file a disagreement for a disagreement, you should file VA Form 21-958. A disability attorney can help you fill out this form correctly so that it is effective in contesting the decision. It is not necessary to list every reason you don't agree with the decision; however it is better to be specific in order that the VA understands what exactly you believe to be wrong. Your attorney can help you determine which evidence to include in the NOD. This could be statements from medical professionals or results from diagnostic tests.

If your appeal is not granted at this point If you are denied, you can try again to review it by a senior reviewer in the form of A Higher-Level Review. This process could take as long as up to 25 months, and you should be in contact with your attorney throughout the process. If the VA denies your claim your lawyer may request an appointment with a Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for injuries, illnesses and conditions that they suffer during their service. The VA is a huge bureaucracy and it's not difficult to become lost. A veteran disability lawyer can assist claimants navigate the system and provide the needed assistance.

When a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct a review of the case. This includes looking into the laws, regulations and evidence used in making the original decision. This includes reviewing the veteran's medical record and, if necessary, lay statements. The VA must send the claimant an official statement of the case, which contains a list of all evidence it looked over.

The statement should outline clearly the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address the claims made by the plaintiff in his or her NOD.

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