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

The process of submitting an application for benefits for veterans disability can appear overwhelming. A lawyer who is a veterans disability attorney can help you navigate the process.

It is essential to locate an attorney who practices disability law and handles cases of this nature at all levels of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA decides to deny or not approve a claim, either the spouse of the deceased or veteran may appeal. This is a complex and lengthy procedure that can be complicated even by the most basic disability claims. A stillwater veterans disability lawyer disability lawyer can help you understand the options available to you and secure the benefits you deserve.

A common reason why people make a claim for disability is that they are not satisfied with their disability status. In this situation a lawyer can be sure that there is sufficient evidence to back an appropriate rating due to a condition caused or made worse by military service.

Another reason that people tend to require a veterans disability lawyer is because they've waited for too long to receive benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for those records.

The help of a veterans disability lawyer can alleviate the burden of dealing with the VA away from you. This will give you the time to focus on your health and any other obligations you have. Certain attorneys are moraine veterans disability attorney themselves and this can provide them a unique type of empathy for their clients and give them a greater stake in their cases. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence provided in the original claim, and then make a new decision. The senior reviewer may confirm or reverse the previous rating decision.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, however, only one conference is permitted. At this conference, it is important to prepare and present your case's details in a clear manner. An attorney who specializes in veterans disability can help you prepare for and participate in the informal conference.

Higher-level reviews can be used to correct errors made by the earlier reviewer in the case of a disability claim for example, failing to interpret evidence or making mistakes in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously, but only when it is in the claimant's best interest.

The more thorough review may lead to a personal hearing for the claimant which gives the claimant an opportunity to speak with the person reviewing the claim and present their arguments. A Chico Veterans Disability Law Firm disability attorney can help determine whether the need for a personal hearing is justified and prepare and present evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one-year of the date the local office mailed you the original denial letter. The VA will then review your claim again and create an Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you complete the form correctly to ensure it is effective in appealing the decision. It is not necessary to list all the reasons you disagree with the VA's decision, however, it is recommended to be specific in order to assist the VA determine what you think is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior reviewer through a Higher Level Review. This process can take approximately 25 months. You should be with your lawyer throughout the process. If the VA rejects your claim, your attorney may request an appearance before a Veterans Law judge to present testimony and other evidence in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for ailments, injuries and illnesses that they suffer during their service. The VA is a big bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist applicants navigate the system and offer much needed assistance.

Once a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct an examination of the case. This includes looking at the laws, regulations and evidence used to reach the original decision. This also includes looking at the medical records of the veteran and, if needed lay statements. The VA must provide the applicant with an official statement of case which includes a list with evidence that it has reviewed.

This statement should explain in clear language the reasoning behind its decision, including how it interpreted the laws and port clinton veterans disability law Firm regulations that impacted the case. It should address the allegations raised by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it might take longer for the agency 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 about a rating or a claim for benefits.