How a veterans disability law firms Disability Attorney Can Help You Get the Benefits You Deserve

The process of getting veterans disability benefits can be overwhelming. The right veterans disability attorney can guide you from start to finish.

It's important to find a lawyer who has a limit on their law practice to disability cases and only handles these cases at every stage of appeal. This will ensure that you get the best representation.

Appeals

When the VA decides to deny or not approve a claim, either the veteran or the surviving spouse can appeal. It is a difficult and lengthy procedure that can be complicated, even for the most basic disability claims. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

A common reason for people to declare a disability claim is that they are unhappy with their disability status. In this instance an attorney can make sure there is enough evidence to support the proper rating in light of a condition that was that is caused or worsened by military service.

A lawyer for veterans may be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and then make an inquiry for these records to the VA.

The help of a veterans disability attorney can also help you deal with the VA away from your shoulders. This will give you time to focus on your health, as well as any other obligations you might have. Some attorneys are veterans which can give them a unique level of compassion for their clients. They also create a deeper investment in their cases. This can make a massive 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 option is a decision-review process that allows an experienced reviewer to examine the same evidence as in the original claim, and make a fresh determination. The senior reviewer has the choice to either affirm or reverse the previous rating.

A veteran or their representative could request an informal meeting to discuss the case with the senior reviewer. However only one conference is permitted. For this meeting, it is important to prepare and present your case's facts clearly. A veterans disability attorney can assist you in preparing for 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 instance, if the earlier reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can change the previous decision made on the same claim in order to correct these kinds of errors however only if the modifications are beneficial to the applicant.

The more extensive review can result in a hearing for the claimant which gives the claimant an opportunity to connect with the person who will be reviewing the claim and explain their arguments. A veteran disability attorney can help determine whether or not an individual hearing is necessary and prepare and present evidence for the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office sent you the original denial letter. The VA will review the case once more and draft a Statement of the Case.

In order to file a disagreement, you should use VA Form 21-958. A disability attorney can help complete this form in a way that is effective in appealing the decision. You don't have to include every reason why you disagree with the decision; however it is better to be specific so that the VA is aware of what you believe to be incorrect. Your attorney can provide guidance about the type of evidence you can submit in the NOD including statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this stage, then you can have it re-examined by a senior judge through an Higher Level Review. The process can take between 25 and approximately 25 months. You should be with your lawyer throughout the process. If the VA is unable to resolve your claim, your lawyer could request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare 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 other ailments they've suffered during their service. The VA is a big bureaucracy and it's easy for people to get lost. A veteran disability lawyer can help navigate the process and provide vital assistance to applicants.

Once a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an investigation of the case. This includes reviewing the regulations, laws, and the evidence used in the original decision. This includes reviewing the medical record of the veteran as well as at times, lay statements. The VA must provide the claimant with a Statement of the Case, which contains a list of all evidence it examined.

The declaration should be written in plain language and explain the reasoning behind the decision, as well as the interpretation of the laws and regulations which affect the case. It should address all arguments made by the claimant in the NOD.

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