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

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

It is essential to find an attorney who only has experience in disability law and who handles these cases at all levels of appeal. This will ensure you receive the best representation.

Appeals

If 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. This is a lengthy and lengthy process that can be complicated, even for the most straightforward disability claims. A veterans disability lawyer can assist you in understanding all of your options and obtain the benefits you deserve.

The most common reason people file a claim for disability is that they are not satisfied with their disability status. In this case, the lawyer can ensure that the evidence is sufficient to support a valid rating based on a disabling condition caused by or aggravated by military service.

A veterans disability lawyer may be required 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 veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This gives you the time to focus on your health and any other obligations you have. Certain attorneys are clearfield veterans disability law firm and this may result in an unmatched empathy for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits the senior reviewer to examine the same evidence as was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer can either confirm or reverse the previous decision to rate.

A veteran or their representative could arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. It is important to be prepared and explain your case in a concise manner at this time. An attorney for veterans can assist you in preparing and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For example an earlier reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers are able to correct these mistakes by changing a previous decision however only if it is in the best interest of the claimant.

A personal hearing could be scheduled for the claimant as a result of the review at a higher-level. This is an opportunity for the claimant to meet with the person who will be reviewing their claim and to present their case. A lawyer who is a veteran can assist with determining whether or not it's necessary to request a private hearing, as well as with creating and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office issued the original denial letter. The VA will then review your claim again and prepare a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you fill out this form in a manner that is effective in contesting the decision. It is not necessary to list every reason you do not agree with the VA's decision, but it is important to be specific in order to assist the VA know what you believe is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could include statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point There is a second chance to get it reviewed by a senior reviewer in form of a Higher-Level review. This can take up to 25 months, and you should have your attorney by your side every step of the procedure. If the VA continues to deny your claim, your lawyer could request that a hearing be conducted before a frostburg veterans disability law firm Law Judge to present testimony and additional evidence in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries, and ailments they've experienced during their service. However the VA is a massive bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can help claimants navigate the system and provide the much-needed assistance.

When a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct an investigation into the case. This includes reviewing the laws, regulations and evidence used in the initial decision. Also, it involves looking over the medical records of the veteran and in the event of a need lay statements. The VA must provide the applicant with an Statement of Case which includes a list with evidence that it has examined.

This statement should describe in plain language the reasoning behind the decision, including how it decided to interpret the laws and regulations that affected the case. It should address all contentions the claimant raised in the 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 may take the agency longer to issue the statement. If you are a veteran attempting to appeal a rating decision or a claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.