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

The process of applying for veterans disability benefits can appear overwhelming. The right veterans disability attorney can assist you from beginning to end.

It's essential to find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA denies a claim, or fails to accept benefits, it permits the veteran or his the spouse who died to file an appeal. This is a lengthy and lengthy process that could be complicated, even for the most basic disability claims. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

A common reason why people file a claim for disability is that they are not satisfied with their disability rating. In this case, the lawyer can ensure that all the evidence is in place to support a fair rating based upon a disabling condition that was caused or worsened by military service.

Another reason that people tend to require a veteran disability lawyer is that they've waited too long to get their benefits. The lawyer can help determine the missing documents and then submit a request to the VA for the relevant records.

A veteran disability lawyer can help you deal with the VA away from your shoulders. This will allow you to concentrate on your health and other obligations you have. Some attorneys are veterans disability lawsuit, and this can give them a unique compassion for their clients. They also increase the stakes in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that permits the senior reviewer to examine the same evidence that was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer can confirm or reverse the previous decision to rate.

A veteran or their representative may request an informal meeting to discuss the case with the senior reviewer. However, only one conference is allowed. At this conference, it is important to prepare and present your case's facts in a clear way. A veterans disability attorney can help you prepare and participate in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of a disability claim. For instance when the previous reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can alter an earlier decision on the same claim to correct these errors but only if the modifications are beneficial to the claimant.

The higher-level review could result in a personal hearing for the claimant which provides an opportunity to speak with the person who will be reviewing the claim, and veterans disability attorney explain their arguments. A lawyer for veterans disability law firms can assist with determining whether or not it's required to request a personal hearing, as well as with preparation and presenting evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year from the date the local office issued the initial denial letter. The VA will then review your claim again and prepare a Statement of Case.

To file a complaint, you should use VA Form 21-958. A disability lawyer can help you fill out this form in a manner that is effective in appealing the decision. You do not have to list every reason you don't agree with the VA's decision, but it is best to be specific to help the VA know what you believe is wrong. Your attorney can help you decide what evidence to include in the NOD. This could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is not granted at this stage You have a second chance to review it by an experienced reviewer in the form of a Higher-Level Review. This process could take up to up to 25 months, and you should be with your lawyer at all times. If the VA rejects your claim, your attorney may request an appeal before a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for injuries, illnesses, and other conditions suffered during service. The VA is a big bureaucracy and it's not difficult to get lost. A veteran disability lawyer can assist people navigate the system and offer the assistance they need.

The VA must examine the case after a veteran has filed a Notice of Dispute with the local VA office. This includes reviewing the regulations, laws, and the evidence used in the original decision. This includes looking over the medical records of the veteran and, if necessary lay statements. The VA must send the claimant a Statement of Case, which contains a list of all the evidence it has studied.

The statement should be in plain language and explain the reasoning behind the decision, as well as the interpretation of the laws and regulations which affect the case. It should address all claims made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is appealing a decision on a rating or a claim for benefits.