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

The process of obtaining veterans disability benefits can be overwhelming. The right attorney for veterans can help you navigate it 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

When the VA rejects a claim or does not allow benefits to be approved, it allows the veteran, or his or the spouse who died to appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

The most common reason people have to declare an claim for attorneys disability is because they are unhappy with the disability rating they have received. In this case, the lawyer can ensure that the evidence is in place to support an appropriate rating based on a debilitating condition caused or exacerbated by military service.

A lawyer for veterans may be required by those who have waited too long to get their benefits. The lawyer can help determine the missing documents and submit a request to the VA for the relevant records.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This will give you the time to concentrate on your health, as well as any other obligations you have. Certain attorneys are veterans which can give them an exceptional compassion for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits senior reviewers to review the same evidence presented in the original claim and make a new decision on the case. The senior reviewer has the choice to either reverse or attorneys confirm the previous rating.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, however, only one of these conferences is allowed. For this meeting it is crucial to prepare and present your case's information clearly. A veteran disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews can be used to correct mistakes by the reviewer who was earlier in an appeal for disability that result in failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter an earlier decision on the same claim to correct these kinds of mistakes however only if the changes are beneficial to the person filing the claim.

The higher-level review can also result in a hearing for the claimant, which is an opportunity to talk to those who are reviewing the claim and to explain their arguments. A veterans disability lawyer can help decide whether or not the need for a personal hearing is justified and prepare and present the evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued an assessment, you may submit a notice of disagreement within one year of the date that the local office has sent you its 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. A disability lawyer can help you complete this form correctly to appeal 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 and help the VA determine what you think is wrong. Your attorney can help you on the evidence you should submit in the NOD including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage If you are denied, you can try again to review it by an experienced reviewer in the form of an Higher-Level Review. This could take anywhere from 25 months, and it is important to have your lawyer by your side every step of the process. If the VA is unable to resolve your claim, your lawyer could request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for injuries, illnesses and conditions they've endured during their service. But, the VA is a huge bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist claimants navigate the system and provide the much-needed assistance.

When a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct an examination of the case. This includes examining the regulations, laws, and evidence used in the initial decision. This includes reviewing the medical records of the veteran as well as, if necessary lay statements. The VA must provide the applicant with an official statement of case which contains a list of evidence that it has reviewed.

This statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the law and regulations which affect the case. It should address the issues made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the statement. If you are a veteran attempting to appeal a rating decision or a claim for benefits, please contact a lawyer for beaverton veterans disability lawsuit disability from Fusco, Brandenstein & Rada, P.C.