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

The process of applying for benefits from veterans disability may seem overwhelming. A lawyer who is a veterans disability attorney can guide you through the procedure.

It's essential to find an attorney who only practices disability law and handles these cases at all levels of appeal. This ensures you're receiving the best legal representation.

Appeals

When the VA denies a claim or does not approve benefits, it gives the veteran, or his or her surviving spouse to appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can assist you in understanding all your options and secure the benefits you deserve.

The most common reason why people make a claim for disability is because they are unhappy with their disability status. In this case lawyers can make sure that there is enough evidence to back the proper rating due to a condition caused or aggravated by military service.

A veterans disability lawyer could be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are not available, and then make an application for these records to the VA.

Having a veterans disability lawyers disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This will allow you the time to focus on your health, and any other obligations you might have. Some lawyers are veterans themselves and this can provide them a unique form of empathy with their clients and increase the stakes in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence that was presented in the original claim and make a fresh decision. The senior reviewer can confirm or reverse the previous rating decision.

A veteran or their representative can request an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. At this conference it is crucial to prepare and present your case facts in a concise manner. A lawyer for veterans may help you prepare and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For example, if the earlier reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers can correct the errors by reversing a previous decision, but only when it is in the claimant's best interest.

The more thorough review may lead to a personal hearing for the applicant, which gives the claimant an opportunity to speak with the person reviewing the claim and to explain their arguments. A lawyer for veterans disability can help determine whether or not it's required to request a personal hearing, and with making and presenting the evidence during the hearing.

Notice of Disagreement

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

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability attorney can assist you complete the form correctly to ensure it is effective in appealing the decision. You don't have to list every reason you disagree with the VA's decision, however, it is recommended to be specific and help the VA understand what you think is wrong. Your attorney can assist you in deciding what evidence to include with the NOD. This could include statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this point There is a second chance to be reviewed by a senior reviewer in form of a Higher-Level review. This could take up to 25 months, and it is important to have your lawyer by all the process. If the VA continues to deny your claim, lawyers your lawyer can request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries, and ailments they've experienced during their time of service. The VA is a massive bureaucracy and it's easy to get lost. A veteran disability attorney can help navigate the process and offer much-needed assistance for those who are seeking benefits.

The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing 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 claimant with a Statement of the Case which includes a listing of all evidence it studied.

The statement should state in plain language the reasoning behind its decision, and how it determined the law and regulations that impacted the case. It should address the allegations made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was sent. However due to the VA backlog, the agency may delay the release of the document. If you're a veteran who is appealing a decision on your rating or claim for benefits, get in touch with a veterans disability lawyer from Fusco, lawyers Brandenstein & Rada, P.C.