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

The process of getting veterans disability benefits can be overwhelming. A veteran disability lawyer can help you navigate the process.

It's crucial to find an attorney that only has experience in disability law and who handles these cases at all levels of appeal. This ensures you're receiving the best representation.

Appeal

When the VA denies a claim or does not accept benefits, it permits the veteran or his the spouse who died to file an appeal. This is a lengthy and lengthy procedure that can be complicated even with the most simple disability claims. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

One of the main reasons people make a disability claim is that they are unhappy with the disability rating they have received. In this instance, the lawyer can make sure that all the evidence is in place to support an appropriate rating based on a disabling condition caused or exacerbated by military service.

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

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This will allow you to concentrate on your health and other obligations that you may have. Some lawyers are veterans, and this can result in an innate compassion for their clients. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence presented in the original claim, and make a fresh decision. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or Vimeo.com their agent may request an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is allowed. At this conference it is important to prepare and present your case's information in a clear manner. An attorney who is specialized in the field of disability for southfield veterans disability lawsuit can help you prepare and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes by the previous reviewer on an appeal for disability for example, mistakenly interpreting evidence or committing errors in the law. The senior reviewer is able to alter the previous decision made on the same claim to correct these kinds of mistakes, but only if those modifications are beneficial to the person filing the claim.

The higher-level review can also result in a personal hearing for the claimant which is an opportunity to connect with those who are reviewing the claim and explain the arguments. A veteran disability lawyer can help determine whether or not a personal hearing is needed and also prepare and present evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to file a written notice of disagreement within one year of the date the local office sends you the initial denial letter. The VA will review your claim again and create an official statement of the case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can help to fill out the form in a way that is effective in contesting the decision. You don't have to list every reason you do not agree with the VA's decision but it is important to be specific and help the VA understand what you think is wrong. Your attorney can help you determine which evidence to include in the NOD. These could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this stage, then you can ask to have it reviewed by a senior judge through an Higher Level Review. The process can take between 25 and 25 months and you should be with your lawyer throughout the process. If the VA denies your claim, your attorney can request an appointment with a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately granted, your lawyer 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 injuries, illnesses and other ailments suffered during service. But, the VA is a huge bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can assist in navigating the process and provide vital assistance for those who are seeking benefits.

If a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct a review of the case. This includes looking into the laws, regulations, and evidence used in the initial decision. It also involves examining the medical records of the veterans and when necessary lay statements. The VA must send the claimant an official statement of the case which includes a listing of all evidence that it has reviewed.

The statement should be in plain English and should explain the reasoning of the decision, which should include the interpretation of the law and regulations that affect 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 when the NOD was submitted. Due to the VA backlog, it might take the agency longer to issue the statement. If you're a veteran appealing a decision on your rating or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.