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

The process of applying for benefits from veterans disability may appear overwhelming. A veteran disability lawyer can help you navigate the process.

It's essential to locate a lawyer that limits their practice to disability cases, and only handles those cases at each level of appeal. This ensures that you're getting the best representation.

Appeals

When the VA denies a claim or fails to accept benefits, it permits the veteran or or spouse who is surviving to appeal. This is a lengthy and time-consuming process that can be complicated even for the most basic disability claims. A veterans disability law firm disability lawyer can assist you in understanding the options available to you and help you get the benefits you deserve.

A common reason why people declare a disability claim is because they are unhappy with their disability rating. In this instance, the lawyer can make sure that the evidence is sufficient to support an appropriate rating based on a disability condition caused or exacerbated by military service.

Another common reason for people to seek out a veterans disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can assist in determining the missing documents and submit a request to the VA for the relevant records.

The help of a veterans disability lawyer can relieve the burden of dealing with the VA away from you. This allows you to concentrate on your health and any other responsibilities that you may have. Some attorneys are veterans disability law firm themselves which can give them a unique type of compassion for their clients. They also give them a greater stake in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence presented in the original claim and make a fresh decision. The senior reviewer is able to either affirm or reverse the previous rating.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, but only one such conference is allowed. In this meeting, it is important to prepare and present your case's information in a clear way. An attorney with expertise in the field of veterans disability can assist you prepare for and participate in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the previous reviewer on an appeal for disability which could include not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct the errors by changing the previous decision, but only when it is in the best interest of the claimant.

A hearing at a personal level can be scheduled for Veterans disability the claimant in the wake of the higher-level review. This is a chance for those seeking to be heard by the person who is reviewing their claim and to present their case. A lawyer who is a veteran can help you determine whether or not it is required to request a personal hearing, as well as preparation and presenting evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you can submit a notice of disagreement within one year of the date that the local office gives you the initial denial letter. The VA will review your case again and issue an official statement of the case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. It is not necessary to list all the reasons you don't agree with the VA's decision but it is advisable to be specific in order to assist the VA understand what you think is wrong. Your attorney can help you determine what evidence to include with the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this stage There is a second chance to review it by a senior reviewer in the form of a Higher-Level Review. It could take as long as 25 months, and you must have your lawyer by your side every step of the process. If the VA denies your claim your lawyer can request an appearance before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to make sure that veterans are compensated for ailments, injuries and illnesses incurred during service. The VA is a large bureaucracy, and it's easy to get lost. A veteran disability lawyer can guide you through the process and provide vital assistance for applicants.

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

The statement should outline in plain language the reasoning behind the decision, including how it interprets the laws and regulations that impacted the case. It should address any claims made by the claimant 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. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is appealing a decision on the amount of your rating or a claim for benefits.