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

The process of applying for veterans disability benefits can seem overwhelming. The right veterans disability attorney will guide you from start to finish.

It is essential to find an attorney that only has experience in disability law and who handles these cases at all levels of appeal. This will ensure that you get the best representation.

Appeals

When the VA denies a claim, or does not approve benefits, it gives the veteran, or his or spouse who is surviving to file an appeal. This is a complex and lengthy process that could be complicated even by the most basic disability claims. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

The most common reason people file a claim for disability is because they are dissatisfied with their disability status. In this instance, the lawyer can ensure that all the evidence is in place to support a valid rating based on a disability condition caused by or aggravated by military service.

A veterans disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing, and then submit an inquiry for these records to the VA.

A lawyer for veterans can also take away the burden of dealing directly with the VA. This will give you time to concentrate on your health and any other responsibilities you may have. Certain attorneys are veterans themselves which can give them a unique form of empathy with their clients and increase the stakes in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence provided in the original claim, and make a fresh decision. The senior reviewer is able to either confirm or reverse the previous rating.

The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, however, only one of these conferences is permitted. At this conference it is crucial to prepare and present your case's information clearly. A veterans disability attorney can assist you in preparing and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of the disability claim. For instance, if the earlier reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct these mistakes by changing the previous decision but only if it is in the claimant's best interest.

A hearing at a personal level can be arranged for the claimant as a result of the review at a higher-level. This gives the claimant to meet with the person reviewing their claim and present their arguments. A lawyer who is a veteran can help determine whether or not it's necessary to request a personal hearing, as well as making and presenting the evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office sent you the initial denial letter. The VA will examine your claim again and veterans Disability Attorney create a Statement of the Case.

To file a disagreement for a disagreement, you should file VA Form 21-958. A disability lawyer can help to fill out the form in a manner that is effective in appealing the decision. It is not necessary to list every reason that 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 incorrect. Your attorney can help you decide what evidence to include with the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is rejected at this point, you can have it reviewed by a senior judge through a Higher Level Review. This can take up to 25 months, and you should have your lawyer by your side throughout the way. If the VA refuses to accept your claim, your lawyer may request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their service. The VA is a huge bureaucracy and it's easy to become lost. A veteran disability lawyer can help you navigate the process and offer much-needed assistance for claimants.

The VA must review the case after a veteran has filed a Notice of Dispute with the local VA office. This includes looking at the laws, regulations and evidence used in making the original decision. It also involves examining the medical records of the veteran and when necessary, lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all evidence it studied.

This statement should explain in clear language the reasoning behind its decision, including how it determined the law and regulations that affected the case. It should address any claims made by the claimant in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over the amount of your rating or a claim for benefit.