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

The process of obtaining veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can help you navigate the process.

It's essential to locate a lawyer that limits their law practice to disability cases and only handles those cases at each level of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

If the VA denies or does not accept a claim, the spouse or the veteran who is surviving can file an appeal. It is a difficult and lengthy procedure that can be complicated even for the most simple disability claims. A veteran disability lawyer can help you understand your options and obtain the benefits you deserve.

A common reason why people need to declare an application for disability benefits is that they are unhappy with their disability status. In this situation, the lawyer can make sure that the evidence is in place to justify a proper rating based on a disability condition that is caused or exacerbated by military service.

Another reason for people to require a veteran disability lawyer is because they have been waiting too long to get their benefits. The lawyer can assist in determining the missing documents and submit a request the VA for those records.

A lawyer for veterans' disability can also ease the burden of dealing directly with the VA. This will allow you the time to focus on your health and any other obligations you might have. Certain attorneys are veterans and this can create an unmatched compassion for their clients. 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 look at the same evidence that was presented in the original claim, and make a fresh decision. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or their agent may request an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. It is essential to be prepared and present your case in a clear manner at this time. An attorney with expertise in veterans ' disability can help to prepare and take part in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of a disability claim. For instance an earlier reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct these errors by altering the decision made previously however only when it is in the claimant's best interest.

A personal hearing may be arranged for the claimant as a consequence of the higher-level review. This provides the applicant to meet with the person who is reviewing their case and discuss their arguments. A veteran disability attorney can help determine whether an individual hearing is necessary and can also prepare and present evidence for the hearing.

Notice of Disagreement

You may file a complaint within one year from the date the local office sent you the original denial letter. The VA will review the claim again and issue a Statement of Case.

To file a disagreement to file a dispute, you must use VA Form 21-958. A disability attorney can help to fill out the form correctly so that it is effective in contesting the decision. You don't have to list all the reasons you do not agree with the VA's decision, however, it is recommended to be specific in order to assist the VA understand veterans disability attorney what you think is wrong. Your attorney can guide you on the kind of evidence to include in the NOD for example, statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you have another chance to have it reviewed by an experienced reviewer in the form of a Higher-Level Review. This can take up to 25 months, and you should have your lawyer by your side throughout the procedure. If the VA is unable to resolve your claim, your lawyer could request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries, and conditions they have suffered during their service. The VA is a huge bureaucracy and it's easy to be lost. A veteran disability attorney can help navigate the process and offer much-needed assistance to those who are seeking benefits.

The VA must review the case following the time a veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the regulations, laws and evidence used to reach the original decision. This includes reviewing the medical records of the veteran as well as at times, lay statements. The VA must provide the claimant with the Statement of Case that includes a list of evidence that it has reviewed.

The statement should state in clear 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 assertions made by the claimant in his or her NOD.

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