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

The process of submitting an application for veterans disability lawsuit disability benefits may be overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.

It's important to find a lawyer who has a limit on their law practice to disability cases and exclusively handles these cases at every level of appeal. This will ensure that you get the best legal representation.

Appeal

If the VA refuses or fails to consider a claim, the spouse or the veteran who is surviving may appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. A veteran disability lawyer can help you understand your options and get the benefits you deserve.

A common reason why people are required to make a disability claim is that they are not satisfied with their disability rating. In this instance a lawyer can be sure that there's enough evidence to back the appropriate rating for a condition that is caused or made worse by military service.

A veterans disability lawyer may 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 make a request for these records to the VA.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will give you time to concentrate on your health and any other obligations you might have. Certain attorneys are veterans themselves and this can provide them a unique compassion for their clients. They also make them more invested in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions in the event of disagreement. 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 then make an additional decision regarding the case. The senior reviewer may affirm or reverse the previous rating decision.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, however, only one conference is permitted. It is essential to be prepared and provide your case in a clear manner at this meeting. An attorney that specializes in veterans disability can help you prepare and participate at the informal conference.

Higher-level reviews are often used to correct mistakes made by the previous reviewer in a disability case which could include misinterpreting evidence or making errors in the law. The senior reviewer can change an earlier decision regarding the same claim in order to fix these types of errors however only if those modifications are beneficial for the applicant.

The more extensive review can result in a personal hearing for the claimant which provides an opportunity to meet with those who are reviewing the claim and explain the 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 during the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you are able to submit a notice of disagreement within one year from the date when the local office gives you the original denial letter. The VA will review your case again and issue a Statement of the Case.

To file a disagreement for a disagreement, you should file VA Form 21-958. A disability attorney can assist you complete the form in a way that is effective in contesting the decision. You don't have to include every reason that you disagree with the decision. However, it is better to be specific in order that the VA is aware of what you believe to be incorrect. Your attorney can advise you on what evidence to submit with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed again by a senior reviewer through a Higher Level Review. This could take up to 25 months, and you must have your lawyer by your side throughout the procedure. If the VA is unable to resolve your claim, your lawyer may request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries, and ailments they've experienced during their service. However the VA is a massive bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can assist people navigate the system and provide the assistance they need.

Once a veteran files a Notice of Disagreement in his or her local VA office, the VA must conduct an examination of the case. This involves examining the laws, regulations, and evidence used in the original decision. This also includes looking at the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the applicant with a Statement of Case, which includes a list of evidence it has analyzed.

The statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the laws and regulations affecting the case. It should address the issues raised 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 received. Due to the VA backlog it may take longer for the agency to issue the statement. If you are a veteran who is appealing the decision of a rating agency or a claim for veterans Disability lawyer benefits, Veterans disability Lawyer you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.