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

The process of applying for veterans disability benefits can seem overwhelming. The right attorney for veterans can help you navigate it from start to finish.

It's essential to find a lawyer who limits their law practice to disabilities and only handles these cases at every level of appeal. This will ensure that you're receiving the best representation.

Appeals

When the VA denies or does not approve a claim, either the spouse or the veteran who is surviving can file an appeal. This is a complex and time-consuming process that can be complicated, veterans disability attorney even for the simplest disability claims. An attorney for veterans disability law firm can assist you in understanding your options and obtain the benefits you deserve.

A common reason why people make a claim for disability is that they are unhappy with their disability status. In this situation, a lawyer can make sure that there's enough evidence to support an appropriate rating in light of a condition that was caused or made worse by military service.

Another reason for people to require a veteran disability lawyer is that they've been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents and submit a request the VA for the relevant records.

A veterans disability attorney can also take the burden of dealing with the VA away from you. This will let you focus on your health and any other responsibilities that you may have. Certain attorneys are veterans and this can create a unique empathy for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decision if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence that was presented in the original claim and then make a new decision. The senior reviewer can confirm or reverse the previous decision to rate.

A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However only one conference is permitted. In this meeting it is crucial to prepare and present your case facts clearly. An attorney for veterans can assist you in preparing for and participate in the informal conference.

Higher-level reviews can be used to correct errors made by the previous reviewer in a disability claim that result in mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only if it is beneficial to the claimant's interests.

A personal hearing may be arranged for the applicant as a result of the review at a higher-level. This gives the claimant to meet with the person reviewing their claim and present their arguments. A veterans disability attorney can help determine whether or not the need for a personal hearing is justified and can also prepare and present evidence for the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you can submit a notice of disagreement within one year from the date that the local office mails you the original denial notice. The VA will review your claim again and issue a Statement of the Case.

If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can help you complete the form correctly to ensure it is effective in contesting the decision. You don't need to list every reason why you disagree with the decision; however it is recommended to be specific in order that the VA understands what exactly you believe to be incorrect. Your attorney can guide you on the evidence you should submit along with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point There is a second chance to review it by a senior reviewer in form of a Higher-Level review. This process could take as long as about 25 months and you must be with your lawyer throughout the process. If the VA is unable to resolve your claim, your lawyer can request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are compensated for injuries, illnesses, and veterans disability attorney other conditions incurred during service. However, the VA is a huge bureaucracy that is easy to get lost in the maze of regulations. A veteran disability lawyer can help navigate the process and provide vital assistance for those who are seeking benefits.

When a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct a review of the case. This includes reviewing the laws, regulations and evidence used in the original decision. This includes looking over the medical record of the veteran as well as when necessary lay statements. The VA must provide the claimant with a Statement of Case, which includes a list of evidence that it has reviewed.

The statement should outline in a clear manner the reasoning behind its decision, as well as how it interprets the laws and regulations that impacted the case. It should address the allegations made by the plaintiff in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision over an assessment or claim for benefits.