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

The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney can guide you from start to finish.

It's important that you find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

When the VA decides to deny or not approve a claim, the spouse of the deceased can appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veteran's disability attorney can help you understand your options and help you get the benefits you deserve.

The most common reason people make a claim for disability is that they are unhappy with their disability rating. In this situation an attorney can make sure that there's enough evidence to justify a rating that is appropriate due to a condition that is caused or worsened by military service.

Another reason that people tend to need a veterans disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA to obtain those documents.

A veterans disability attorney can also take the burden of dealing with the VA away from you. This will allow you to focus on your health and other responsibilities that you may have. Some lawyers are veterans themselves and this gives them a unique form of empathy with their clients and make them more invested in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

tucson veterans disability lawyer (linked website) can appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence provided in the original claim and make a fresh decision. The senior reviewer is able to either reverse or confirm the previous rating.

A veteran or their representative could request an informal conference to discuss the case with the senior reviewer. However, only one conference is allowed. It is important to be prepared and present your case in a concise manner at this time. An attorney for veterans can assist you in preparing and take part in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of the disability claim. For instance an earlier reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can alter a prior decision on the same claim to rectify these errors but only if the modifications are beneficial to the claimant.

A personal hearing may be scheduled for the claimant in the wake of the review at a higher level. This gives the claimant to meet with the person reviewing their claim and explain the arguments. A lawyer for veterans disability can help determine whether it is required to request a personal hearing, and also with preparation and presenting 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 when the local office has sent you its original denial letter. The VA will review your case again and create an Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can help complete this form correctly to ensure it is effective in appealing the decision. You do not have to list every reason you don't agree with the VA's decision, but it is advisable to be specific to help the VA determine what you think is wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could be statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this stage, then you can request that it be reviewed by a senior reviewer through an Higher Level Review. The process can take between 25 and about 25 months and you must be with your attorney at every step. If the VA refuses to accept your claim, your attorney can request an appeal before a Veterans Law judge to present testimony and other evidence in person. If your claim is awarded, your attorney 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 incurred during service. The VA is a large bureaucracy and it's easy for people to get lost. A veteran disability attorney can help navigate the process and provide much-needed assistance to claimants.

The VA must review the case after a veteran has filed an Notice of Dispute at the local VA office. This includes reviewing the laws, regulations, and evidence used in the initial decision. This also includes looking at the medical records of the veteran and in the event of a need, lay statements. The VA must provide the claimant with a Statement of Case, which includes a list with evidence that it has reviewed.

The statement should state in clear language the reasoning behind the decision, Livermore Veterans Disability Lawsuit as well as how it decided to interpret the laws and regulations that impacted the case. It should address all the arguments made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was submitted. Due to the VA backlog, it could take the agency longer to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about the amount of your rating or a claim for benefit.