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

The process of submitting an application for veterans disability benefits can seem overwhelming. The right 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 ensures you're receiving the best representation.

Appeal

If the VA denies a claim, or fails to approve benefits, it gives the veteran, or his or the spouse who died to appeal. This is a complex and time-consuming process that can be complicated even for the most straightforward disability claims. A veterans disability lawyer can help you understand the various options available and get the benefits you deserve.

A common reason for people to make a claim for disability is that they are unhappy with their disability rating. In this case, a lawyer can ensure that the evidence is sufficient to justify a proper rating based on a disabling condition that is caused or exacerbated by military service.

A veterans disability lawyer could be needed by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are not available, and then submit an application for these records to the VA.

A veterans disability law firm disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you to focus on your health and other obligations that you may have. Some attorneys are veterans, and this can give them a unique form of compassion for their clients. They also give them a greater stake in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows the senior reviewer to review the same evidence presented in the original claim, and then make an entirely new decision in the case. The senior reviewer has the option to either reverse or confirm the previous rating.

A veteran or their representative can arrange for an informal conference to discuss the matter with the senior reviewer. However, only one conference is permitted. It is important to be prepared and explain the facts of your case in a concise manner at this meeting. An attorney with expertise in veterans ' disability can help you prepare and participate at the informal conference.

Higher-level reviews can be utilized to correct errors made by the earlier reviewer in the case of a disability claim that result in misinterpreting evidence or making errors in the law. The senior reviewer can change a prior decision on the same claim to correct these mistakes, but only if those changes are advantageous to the person filing the claim.

The more thorough review may result in a personal hearing for the claimant which gives the claimant an opportunity to meet with the person who will be reviewing the claim and explain the arguments. A veteran disability lawyer can help decide whether a personal hearing is needed and can also prepare and present evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office received the initial denial letter. The VA will then review your claim again and Vimeo issue a Statement of Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you fill out this form correctly so that it is effective in contesting the decision. You don't need to list every reason you don't agree with the decision. However it is best to be specific in order that the VA understands what exactly you believe is incorrect. Your attorney can assist you in deciding which evidence to include in the NOD. This could include statements from medical professionals, or results of diagnostic tests.

If your appeal is not accepted at this point, you can request that it be reviewed by a senior judge through an Higher Level Review. It could take as long as 25 months, and you must have an attorney on with you every step of the procedure. If the VA denies your claim your attorney may request an appeal before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries, and conditions they have suffered during their time of service. However the VA is a huge bureaucracy that is easy to get lost in the system. A veteran disability lawyer can help you navigate the process and offer much-needed assistance for those who are seeking benefits.

The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the regulations, laws and evidence used to reach the initial decision. Also, it involves looking over the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with a Statement of the Case which is a list of all evidence it reviewed.

The statement should be in plain English and should explain the reasoning of the decision, which should include the interpretation of the laws and regulations relevant to the case. It should address all the claims made by the plaintiff in his or vimeo her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date the NOD was filed. However, due to the VA backlog, the agency may take longer to mail this document. If you're a veteran attempting to appeal a rating decision or a claim for benefits, please contact a lawyer for pharr veterans disability law firm disability from Fusco, Brandenstein & Rada, P.C.