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

The process of getting veterans disability lawsuit disability benefits can be a challenge. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It's important to choose a lawyer who restricts their law practice to disabilities and only handles those cases at every level of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

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

A common reason why people declare a disability claim is that they are not satisfied with their disability status. In this situation a lawyer can be sure that there is enough evidence to justify a rating that is appropriate based on a condition caused or made worse by military service.

A veterans disability lawyer could be needed by those who have waited too long to get their benefits. The lawyer can help determine the missing documents, and veterans then submit an inquiry for these records to the VA.

Having a veterans disability lawyer can help you deal with the VA away from your shoulders. This will allow you to focus on your health and any other obligations you might have. Certain attorneys are veterans which can give them an unmatched empathy for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence that was presented in the original claim, and make a new determination. The senior reviewer can either confirm or reverse the previous rating decision.

A veteran or their representative can arrange for an informal conference to discuss the case with the senior reviewer. However, only one conference is permitted. It is important to be prepared and provide the facts of your case in a concise manner during this meeting. An attorney with expertise in veterans disability can help you prepare for and participate in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the earlier reviewer in a disability case, such as not interpreting evidence correctly or making mistakes in the law. The senior reviewer can alter an earlier decision regarding the same claim in order to correct these kinds of mistakes however only if those modifications are beneficial for the claimant.

A personal hearing could be arranged for the claimant in the wake of the review at a higher-level. This gives the applicant to meet with the person reviewing their claim and to present their case. A veterans disability lawyer can assist in determining whether an individual hearing is necessary, as well as prepare and present evidence for the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you can make a formal notice of disagreement within one year from the date that the local office has sent you its original denial letter. The VA will review the claim again and create an Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help complete this form correctly to ensure it is effective in appealing the decision. You don't have to list every reason you disagree with the VA's decision but it is best to be specific and help the VA to understand what you believe is wrong. Your attorney can guide you on the kind of evidence to include with the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed by a senior reviewer through an Higher Level Review. This process can take up to 25 months, and you should be in contact with your lawyer throughout the process. If the VA denies your claim, your lawyer may request an appointment with an Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for injuries, illnesses and ailments they've experienced during their time of service. The VA is a large bureaucracy and it's easy to be lost. A veteran disability lawyer can help claimants navigate the system and provide the needed assistance.

The VA must review the case after a veteran has filed a Notice of Dispute with the local VA office. This includes reviewing the laws, regulations and the evidence used to make the original decision. This includes looking over the medical record of the veteran as well as when necessary lay statements. The VA must provide the applicant with the Statement of Case which contains a list of evidence that it has examined.

This statement should be in plain language and explain the reasoning behind the decision, as well as the interpretation of the law and regulations which affect the case. It should address the issues that the claimant has made in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the statement. If you're a veteran attempting 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.