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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney will guide you from beginning to end.

It is essential to find a lawyer who limits their practice to disabilities and only handles these cases at every stage of appeal. This ensures you're receiving the best representation.

Appeals

When the VA refuses or fails to approve a claim, either the spouse or the veteran who is surviving may appeal. Even the most basic disability claims could make this a complicated and lengthy procedure. An attorney for veterans can help you understand your options and ensure you receive the benefits you deserve.

A common reason for people to file a claim for disability is because they are unhappy with their disability rating. In this situation, the lawyer can ensure that the evidence is in place to justify a proper rating based upon a disabling condition caused by or aggravated by military service.

A lawyer for veterans may be required by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents and then submit a request to the VA for those records.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This gives you the time to focus on your health, as well as any other responsibilities you may have. Some lawyers are veterans, and this can result in an innate empathy for their clients. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that permits an experienced reviewer to look at the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer is able to either reverse or confirm the previous rating.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, however, only one conference is permitted. In this meeting, it is important to prepare and present your case facts in a concise manner. An attorney who is specialized in veterans disability can help to prepare and take part in the informal conference.

Higher-level reviews are often utilized 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 can correct these mistakes by altering the decision made previously however only when it is in the claimant's best interest.

A hearing at a personal level can be arranged for the claimant in the wake of the review at a higher level. This provides the applicant to meet with the person who is reviewing their case and explain the arguments. A lawyer for veterans disability can assist in determining whether or not it is necessary to request a personal hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you can file a notice of disagreement within one year of the date that the local office has sent you the initial denial letter. The VA will review your case once more and draft a Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability attorney can help complete this form correctly to ensure it is effective in contesting the decision. You don't have to list every reason why you disagree with the decision; however it is best to be specific so that the VA knows exactly what you believe to be wrong. Your attorney can help you determine what evidence to include in the NOD. These could be statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, you have another chance to be reviewed by an experienced reviewer in form of a Higher-Level review. This process could take as long as approximately 25 months. You should be in contact with your lawyer throughout the process. If the VA continues to deny your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans disability lawyers receive compensation for illnesses, injuries and conditions they've endured during their service. The VA is a big bureaucracy and it's not difficult to get lost. A veteran disability attorney can assist in navigating the process and provide vital assistance for applicants.

If a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct an investigation of the case. This includes examining the regulations, laws, and evidence used in the original decision. This includes reviewing the medical record of the veteran as well as, if necessary lay statements. The VA must provide the claimant with the Statement of Case that includes a list of evidence that it has examined.

This statement should explain in a clear manner the reasoning behind its decision, and how it determined the law and regulations that impacted the case. It should address all assertions made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. Due to the VA backlog it may take the agency longer to issue the document. If you are a veteran appealing a decision on your rating or claim for benefits, veterans disability get in touch with a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.