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

The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney can assist you from beginning to end.

It's important that you find an attorney that only handles disability law and these cases at all levels of appeal. This ensures that you're getting the best representation.

Appeal

If the VA rejects a claim or fails to accept benefits, it permits the veteran, or his or the spouse who died to file an appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawsuits disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason people submit a claim for disability is because they are dissatisfied with their disability rating. In this situation, a lawyer can make sure that there is enough evidence to justify the proper rating in light of a condition that was caused or made worse by military service.

A veteran disability lawyer might be needed by people who have had to wait too long for their benefits. The lawyer can help determine what documents are missing, and then submit an application for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, as well as any other responsibilities you may have. Some lawyers are veterans which can give them an innate compassion for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

veterans disability lawsuits have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence that was presented in the original claim and then make a new decision on the case. The senior reviewer may confirm or reverse the previous decision to rate.

A veteran or their agent may arrange for an informal conference to discuss the case with the senior reviewer. However, only one conference is allowed. In this meeting it is important to prepare and present your case's details in a clear way. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer can alter an earlier decision on the same claim in order to correct these kinds of errors however only if those changes are advantageous to the applicant.

The more extensive review can result in a personal hearing for the applicant, which is an opportunity to connect with the person who will be reviewing the claim and explain the arguments. A veteran disability lawyer can help decide whether a personal hearing is required and also prepare and present the evidence for the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may file a written notice of disagreement within one year of the date that the local office sends you its original denial letter. The VA will review the claim again and prepare a Statement of the Case.

To file a disagreement to file a dispute, you must use VA Form 21-958. An attorney for disabled people can help complete this form in a way that is effective in contesting the decision. You don't need to list every reason why you disagree with the decision; however it is better to be specific in order that the VA can understand exactly what you believe to be wrong. Your attorney can help you on what evidence to submit in the NOD such as statements from medical professionals or Veterans Disability Attorney the results of diagnostic tests.

If your appeal is denied at this point If you are denied, you can try again to have it reviewed by a senior reviewer in form of a Higher-Level review. This process could take up to approximately 25 months. You should be in contact with your lawyer throughout the process. If the VA rejects your claim, your lawyer may request an appeal before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions incurred during service. The VA is a massive bureaucracy and it's easy to become lost. A veteran disability lawyer can help navigate the process and offer much-needed assistance to those seeking assistance.

Once a veteran files a Notice of Disagreement with his local VA office, the agency must conduct an examination of the case. This involves examining the laws, regulations, and evidence used in the initial decision. It also involves examining the medical records of the veteran as well as, if needed, lay statements. The VA must send the claimant a Statement of Case which is a list of all evidence it studied.

The statement should state in a clear manner the reasoning behind the decision, as well as how it interprets the laws and regulations that impacted the case. It should address all assertions made by the claimant in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog, the agency may take longer to mail this document. If you are a veteran seeking to appeal the decision of a rating agency or a claim for benefits, get in touch with an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.