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

The process of submitting an application for veterans disability benefits may be overwhelming. A good veterans disability attorney can help you navigate it from beginning to end.

It's important to find a lawyer who limits their law practice to disability cases and only handles those cases at all levels of appeal. This will ensure that you get the most effective representation.

Appeal

If the VA rejects or doesn't approve a claim, the spouse or the veteran who is surviving may appeal. It is a difficult and lengthy process that can be complicated even with the most basic disability claims. A veteran disability lawyer can assist you in understanding the various options available and help you get the benefits you deserve.

The most common reason for people to file a claim for disability is that they are unhappy with their disability rating. In this situation, the lawyer can make sure that the evidence is sufficient to support a fair rating based on a disability condition that was caused or worsened by military service.

Another reason for people to seek out a veterans disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can help determine the missing documents and then submit a request to the VA for the relevant records.

The help of a veterans disability lawyer can alleviate the burden of dealing with the VA away from you. This allows you to concentrate on your health and any other obligations you have. Some attorneys are Carlisle Veterans Disability Lawsuit themselves which can give them a unique type of compassion for their clients. They also make them more invested in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence as in the original claim, and then make a new brunswick veterans disability law firm decision. The senior reviewer is able to confirm or reverse the previous decision to rate.

The individual or the representative of the veteran can ask for an informal conference with the senior reviewer to discuss the case, but only one such meeting is allowed. It is important to be prepared and provide the facts of your case in a concise manner at this time. A veteran disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews are often used to correct errors made by the previous reviewer on a disability claim that result in failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim to correct these mistakes however only if the modifications are beneficial for the claimant.

A personal hearing could be scheduled for the applicant as a result of the review at a higher-level. This gives the claimant to meet the person who will be reviewing their claim and discuss their arguments. A veterans disability lawyer can help determine whether an individual hearing is necessary and prepare and present the evidence for the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may submit a notice of disagreement within one year of the date that the local office sends you its original denial letter. The VA will review the case again and prepare a Statement of Case.

To file a complaint to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you complete this form correctly to appeal the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, however, it is recommended to be specific in order to assist the VA know what you believe is wrong. Your attorney can help you decide what evidence to include with the NOD. These could be statements from medical professionals, or results of diagnostic tests.

If your appeal is rejected at this stage, you have another chance to have it reviewed by a senior reviewer in form of a Higher-Level review. This process could take up to about 25 months and you must be with your attorney at every step. If the VA continues to deny your claim, your lawyer could request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will draft your check if your claim is awarded.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for their injuries, illnesses and other ailments suffered during service. The VA is a big bureaucracy, and it's easy to be lost. A veteran disability lawyer can help you navigate the process and provide much-needed assistance for claimants.

The VA must examine the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes examining the regulations, laws and the evidence used to make the original decision. This includes looking over the medical records of the veteran and, if necessary, lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence it has analyzed.

This statement should describe in plain language the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address all the arguments made by the claimant in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date on which the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding the basis of a rating or a claim for benefit.