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

The process of applying for benefits from veterans disability may seem overwhelming. A good veterans disability attorney can help you navigate it from start to finish.

It is essential to find a lawyer who has a limit on their law practice to disability cases and exclusively handles those cases at every level of appeal. This helps ensure you'll be receiving the best representation.

Appeal

When the VA refuses to approve a claim or does not approve benefits, it gives the veteran, or his or spouse who survives to file an appeal. This is a complex and lengthy process that can be complicated even by the most basic disability claims. A latrobe veterans disability lawsuit disability lawyer can help you understand the various options available and help you get the benefits you deserve.

The most common reason for people to declare a disability claim is that they are not satisfied with their disability rating. In this situation a lawyer can be sure that there's enough evidence to support the proper rating for a condition that is that is caused or worsened by military service.

A veterans disability lawyer could be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are not available, Vimeo and then submit an application for these records to the VA.

A lawyer for sealy veterans disability lawsuit can also ease the burden of dealing directly with the VA. This will allow you to focus on your health and any other obligations that you may have. Certain attorneys are veterans themselves, and this can give them a unique level of empathy with their clients and increase the stakes 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 disagree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to examine the same evidence presented in the original claim, and then make a new decision. The senior reviewer is able to either confirm or reverse the previous rating.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one such meeting is permitted. It is important to be prepared and be able to present the facts of your case in a concise manner during this meeting. An attorney who is specialized in veterans disability can help you prepare and participate in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the reviewer who was earlier in the case of a disability claim, such as misinterpreting evidence or making errors in the law. The senior reviewer is able to alter a prior decision on the same claim in order to correct these errors however only if the modifications are beneficial for Vimeo the applicant.

A hearing at a personal level can be arranged for the claimant in the wake of the review at a higher-level. This provides the claimant to meet the person reviewing their claim and discuss their arguments. A veterans disability lawyer can help you determine whether it's required to request a personal hearing, as well as 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 make a formal notice of disagreement within one year from the date that the local office gives you the original denial letter. The VA will review your case again and issue a Statement of Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form correctly to ensure it is effective in appealing the decision. You don't have to list every reason that you disagree with the decision; however it is best to be specific in order that the VA knows exactly what you believe to be wrong. Your attorney can help you decide what evidence to include in the NOD. This could be statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this point, you can request that it be reviewed by a senior judge through a Higher Level Review. This can take up to 25 months, and you should have your attorney by your side every step of the procedure. If the VA still denies your claim, your lawyer could request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are compensated for their injuries, illnesses and conditions that they suffer during their service. But the VA is a massive bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can assist applicants navigate the system and provide the much-needed assistance.

Once a veteran files a Notice of Disagreement with his local VA office, the VA must conduct a review of the case. This includes reviewing the laws, regulations and the evidence used in the original decision. This includes looking over the medical records of the veteran and when necessary lay statements. The VA must provide the applicant with an Statement of Case which includes a list of evidence it has analyzed.

This statement should describe in clear language the reasoning behind its decision, and how it interpreted the laws and regulations that affected the case. It should address the allegations raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. Due to the VA backlog it may take longer for the agency to issue the statement. If you're a veteran seeking to appeal a rating decision or a claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.