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

The process of applying for benefits from veterans disability may seem overwhelming. A lawyer who is a veterans disability attorney (Recommended Webpage) can guide you through the process.

It's important that you choose an attorney who practices disability law and handles cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeals

When the VA denies or does not accept a claim, the spouse or the veteran who is surviving can file an appeal. This is a lengthy and time-consuming process that can be complicated even for the simplest disability claims. A veterans disability lawyer can help you understand all of your options and secure the benefits you deserve.

A common reason for people to file a claim for disability is that they are unhappy with their disability status. In this instance lawyers can make sure that there is enough evidence to back the appropriate rating due to a condition caused or aggravated by military service.

A lawyer for veterans may be needed by people who have waited too long to get their benefits. The lawyer can help determine what documents are missing and then make the request for these documents to the VA.

A lawyer for veterans will also help you get rid of the burden of dealing directly with the VA. This will give you time to concentrate on your health, and any other obligations you have. Some attorneys are veterans, and this can result in an exceptional empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence presented in the original claim, and make a fresh decision. The senior reviewer has the option to either confirm or reverse the previous rating.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, however, only one such conference is allowed. In this meeting it is important to prepare and present your case facts in a clear manner. An attorney with expertise in the field of disability for veterans can help you prepare and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of an appeal for disability. For example an earlier reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer is able to alter the previous decision made on the same claim to fix these types of errors however only if the modifications are beneficial for the applicant.

A personal hearing can also be scheduled for the claimant in the wake of the higher-level review. This is an opportunity for those seeking to be heard by the person reviewing their claim and present their arguments. A veterans disability lawyer can help determine whether the need for a personal hearing is justified and can also prepare and present evidence at the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made an assessment, you may file a written notice of disagreement within one year from the date on which the local office mails you the original denial notice. The VA will then review your claim again and issue a Statement of the Case.

In order to file a disagreement for a disagreement, you should file VA Form 21-958. A disability attorney can help complete this form correctly to ensure it is effective in appealing the decision. You don't have to list every reason why you are not with the decision; however it is better to be specific in order that the VA knows exactly what you believe to be incorrect. Your attorney can provide guidance on what evidence to submit along with the NOD, for example, statements from medical professionals or veterans disability attorney the results of diagnostic tests.

If your appeal is not granted at this point If you are denied, you can try again to get it reviewed by a senior reviewer in form of an Higher-Level Review. This process could take as long as up to 25 months, and you should be in contact with your attorney at every step. If the VA continues to deny your claim, your lawyer can request that a hearing be held before a 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 numerous laws to ensure that veterans are paid for injuries, illnesses, and other conditions caused by their service. The VA is a massive bureaucracy, and it's easy to get lost. A veteran disability lawyer can help people navigate the system and offer the assistance they need.

The VA must review the case after a veteran has filed a Notice of Dispute with 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 as well as when necessary, lay statements. The VA must provide the applicant with an Statement of Case that includes a list of evidence it has analyzed.

The declaration should be written in plain English and should explain the reasoning of the decision, which should include the interpretation of the law and regulations affecting the case. It should address any claims made by the plaintiff in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. 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 appealing a decision on the amount of your rating or a claim for benefits.