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

The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability lawyer can assist you from beginning to end.

It's crucial to choose a lawyer who restricts their law practice to disabilities and only handles these cases at each level of appeal. This ensures you're receiving the best representation.

Appeals

When the VA denies a claim or fails to allow benefits to be approved, it allows the veteran, or his or the spouse who died to file an appeal. It is a difficult and lengthy process that can be complicated even by the most simple disability claims. A veteran disability lawyer can assist you in understanding all your options and get the benefits you deserve.

The most common reason people have to make a disability claim is that they are not happy with their disability rating. In this situation, a lawyer can make sure that there's enough evidence to support a rating that is appropriate due to a condition that is caused or worsened by military service.

A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA to obtain those documents.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will let you concentrate on your health and other obligations that you may have. Certain attorneys are veterans themselves and this gives them a unique type of compassion for their clients. They also increase the stakes in their cases. This can make a huge difference in the outcome 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 examine the same evidence as in the original claim, and then make a new decision. The senior reviewer can choose to either reverse or confirm the previous rating.

A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is allowed. It is essential to be prepared and present your case in a concise way at this conference. A lawyer for veterans disability law firms may assist you in preparing 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 that result in mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter the previous decision made on the same claim in order to correct these mistakes however only if the modifications are beneficial for the applicant.

A personal hearing can also be arranged for the claimant as a consequence of the review at a higher level. This provides those seeking to be heard by the person who is reviewing their claim and present their arguments. A veterans disability lawyer can assist with determining whether it's necessary to request a personal hearing, as well as with creating and presenting evidence during the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may file a written notice of disagreement within one year from the date the local office sends you the original denial letter. The VA will examine your claim once more and prepare a Statement of the Case.

If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You do not have to list all the reasons you do not agree with the VA's decision, however, it is recommended to be specific and help the VA know what you believe is wrong. Your attorney can provide guidance on the kind of evidence to include to support the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you can have it reviewed again by a senior reviewer through an Higher Level Review. This process can take about 25 months and you must be with your lawyer throughout the process. If the VA still denies your claim, your lawyer could request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries and conditions they've endured during their time of service. But the VA is a huge bureaucracy and it's easy to get lost in the system. A veteran disability attorney can assist in navigating the process and provide crucial assistance to applicants.

If a veteran files a Notice of Disagreement with his or her local VA office, the VA must conduct a review of the case. This includes looking at the regulations, laws and the evidence used to make the initial decision. This also includes looking at the veteran's medical records and when necessary, lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence that it has examined.

The statement should outline in plain language the reasoning behind the decision, and how it decided to interpret the laws and regulations that affected the case. It should address all the arguments made by the claimant in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date that the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the document. If you're a veteran seeking to appeal a decision on your rating or claim for benefits, get in touch with a veterans disability lawyer - My Source - from Fusco, veterans disability lawyer Brandenstein & Rada, P.C.