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 veterans disability lawyer can guide you through the procedure.

It's essential to find an attorney that only handles disability law and these cases at all levels of appeal. This will ensure that you get the best legal representation.

Appeals

If the VA refuses or fails to approve a claim, the spouse of the deceased or veteran can file an appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veterans disability lawyer can help you understand all your options and help you get the benefits you deserve.

The most common reason people are required to make an application for disability benefits is that they are not content with their disability ratings. In this case a lawyer can be sure there is enough evidence to support an appropriate rating for a condition that is that is caused or worsened by military service.

Another reason for people to need a veterans disability lawyer is because they've waited too long to get their benefits. The lawyer can help determine what documents are not available, and then make an inquiry for these records to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This gives you the time to concentrate on your health, as well as any other responsibilities you may have. Some lawyers are veterans, and this can create an exceptional compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that allows senior reviewers to review the same evidence as was presented in the original claim and then make an additional decision regarding the case. The senior reviewer can choose to either affirm or reverse the previous rating.

The person who is the veteran or Veterans Disability their representative could arrange for a casual conference with the senior reviewer to discuss the case, but only one such conference is allowed. It is important to be prepared and present the facts of your case in a clear way at this conference. An attorney who specializes in the field of disability for veterans can help you prepare 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 example in the event that the previous reviewer misinterpreted evidence, or made mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision however only when it is in the claimant's best interest.

A hearing at a personal level can be arranged for the claimant as a result of the higher-level review. This is a chance for the claimant to meet the person reviewing their claim and explain the arguments. A veteran disability lawyer can help decide whether a personal hearing is needed and can also prepare and present the evidence at the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to file a written notice of disagreement within one year of the date on which the local office has sent you the original denial letter. The VA will examine your claim again and issue a Statement of the Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability attorney can assist you fill out this form correctly to ensure it is effective in appealing the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, but it is advisable to be specific in order to assist the VA know what you believe is wrong. Your attorney can advise you about the type of evidence you can submit with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, 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 in contact with your lawyer throughout the process. If the VA rejects your claim, your lawyer can request an appearance before an Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for ailments, injuries and illnesses that they suffer during their service. The VA is a massive bureaucracy and it's easy for people to get lost. A veteran disability lawyer can assist those seeking assistance navigate the system and provide the much-needed assistance.

If a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct a review of the case. This includes reviewing the laws, regulations, and the evidence used to make the original decision. This includes looking over the medical record of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of all the evidence it has reviewed.

This statement should explain in plain language the reasoning behind the decision, and how it interpreted the laws and regulations that impacted the case. It should address the issues raised by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date that the NOD was filed. However, due to the VA backlog, the agency may delay the release of this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about the amount of your rating or a claim for Veterans Disability benefits.