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

The process of applying for veterans disability benefits may seem overwhelming. The right attorney for veterans can help you navigate it from beginning to end.

It's important that you find an attorney that only practices disability law and handles these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

If the VA denies a claim, or does not allow benefits to be approved, it allows the veteran or his or spouse who survives to appeal. It is a difficult and lengthy process that could be complicated even for the most basic disability claims. A veterans disability lawyer can help you understand the options available to you and help you get the benefits you deserve.

One common reason that people declare a disability claim is because they are not content with their disability status. In this case, the lawyer can ensure that the evidence is there to support an appropriate rating based on a debilitating condition that was caused or worsened by military service.

A perry veterans disability lawyer disability lawyer may be needed by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and then submit the request for these documents to the VA.

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This gives you the time to concentrate on your health, and any other obligations you might have. Certain attorneys are veterans and this can create an unmatched empathy for their clients. This can make a huge difference in the outcome 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 option that allows an experienced reviewer to look at the same evidence as in the original claim and make a fresh determination. The senior reviewer can either confirm or reverse the previous decision to rate.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, but only one such conference is permitted. At this conference it is crucial to prepare and present your case facts in a clear manner. A veterans disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews can be used to correct mistakes by the previous reviewer in a disability case that result in misinterpreting evidence or making errors in the law. The senior reviewer can change the previous decision made on the same claim in order to correct these mistakes, but only if those modifications are beneficial for the person filing the claim.

A hearing at a personal level can be arranged for the applicant as a result of the higher-level review. This provides the claimant to meet the person who will be reviewing their claim and explain the arguments. A veteran disability lawyer can help decide whether or not a personal hearing is required and also prepare and present evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you can file a written notice of disagreement within one year from the date the local office sends you the initial denial letter. The VA will review your claim once more and prepare a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist to fill out the form in a manner that is effective in contesting the decision. You do not have to list all the reasons you don't agree with the VA's decision, but it is best to be specific in order to assist the VA determine what you think is wrong. Your attorney can guide you about the type of evidence you can submit in the NOD such as statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage You have a second chance to get it reviewed by a senior reviewer in the form of an Higher-Level Review. This could take anywhere from 25 months, and you should have your lawyer by with you every step of the way. If the VA denies your claim, your lawyer can request an appearance before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that matteson veterans Disability attorney receive compensation for illnesses, injuries, and conditions they've endured during their time of service. However, the VA is a huge bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can help claimants navigate the system and provide much needed assistance.

The VA must review the case after the veteran has filed a Notice of Dispute with the local VA office. This includes looking at the regulations, laws and evidence used in making the initial decision. It also involves examining the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with an official statement of case that includes a list of evidence it has analyzed.

The statement should outline in clear language the reasoning behind its decision, as well as how it determined the law and regulations that affected the case. It should address all the assertions made by the claimant in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding a rating or a claim for benefits.