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

The process of getting veterans disability benefits can be overwhelming. A good veterans disability attorney can guide you from start to finish.

It's important that you find an attorney who only practices disability law and handles these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

When the VA rejects a claim or does not accept benefits, it permits the veteran or his or the spouse who died to appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can help you understand the various options available and help you get the benefits you deserve.

A common reason why people need to submit a disability claim is because they are not satisfied with the disability rating they have received. In this situation lawyers can make sure there is enough evidence to back an appropriate rating in light of a condition that was that is caused or worsened by military service.

A veterans disability lawyer could be needed by people who have waited too long to get their benefits. The lawyer can help determine what documents are missing and then submit an inquiry for these records to the VA.

Having a veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This will give you time to concentrate on your health and any other responsibilities you may have. Certain attorneys are veterans themselves, and this can give them a unique compassion for their clients and increase the stakes in their cases. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

jacksonville veterans disability lawsuit can appeal VA decisions if they do not agree. 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 then make a new decision. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their agent may ask for an informal meeting to discuss the case with the senior reviewer. However only one conference is permitted. For this meeting it is crucial to prepare and present your case's details in a clear manner. An attorney that specializes 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 errors made by the previous reviewer of an appeal for veterans Disability disability. For example when the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer can change an earlier decision regarding the same claim to rectify these mistakes, but only if those modifications are beneficial for the claimant.

A personal hearing could be arranged for the claimant as a consequence of the higher-level review. This gives the applicant to meet with the person reviewing their claim and to present their case. A veteran disability lawyer can help determine whether or not a personal hearing is needed, as well as prepare and present evidence during the hearing.

Notice of Disagreement

You can file a dispute within one-year of the date the local office sent you the original denial letter. The VA will review the claim again and create an Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help to fill out the form in a way that is effective in contesting the decision. You don't have to list every reason you don't agree with the decision. However it is recommended to be specific in order that the VA understands what exactly you believe is incorrect. Your attorney can guide you on the evidence you should submit with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed by a senior judge through an Higher Level Review. This could take up to 25 months, and you must have your attorney by your side throughout the way. If the VA refuses to accept your claim, your lawyer may request that a hearing be conducted before an Veterans Law Judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for ailments, injuries and illnesses caused by their service. But, the VA is a huge bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can help applicants navigate the system and offer much needed assistance.

If a veteran files a Notice of Disagreement with his her local VA office, the agency must conduct an examination of the case. This includes looking at the laws, regulations and evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as, if necessary, lay statements. The VA must provide the claimant with a Statement of the Case, veterans disability which contains a list of all evidence it has studied.

The statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the regulations and laws that affect the case. It should address the claims raised by the claimant in the 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 statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over a rating or a claim for benefits.