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

The process of getting veterans disability benefits can be overwhelming. The right veterans disability attorney can help you navigate it from beginning to end.

It's essential to locate an attorney who has experience in disability law and veterans disability law Firms who handles cases of this nature at all levels of appeal. This will ensure that you're getting the best representation.

Appeals

If the VA decides to deny or not consider a claim, the spouse or the veteran who is surviving can file an appeal. It is a difficult and lengthy procedure that can be complicated, even for the most simple disability claims. An attorney for veterans can assist you in understanding your options and obtain the benefits you deserve.

The most common reason people file a claim for disability is because they are dissatisfied with their disability rating. In this instance, a lawyer can make sure that there's enough evidence to back a rating that is appropriate due to a condition caused or made worse by military service.

Another reason that people tend to require a veterans disability lawyer is because they've waited too long to get their benefits. The lawyer can help determine what documents are missing and submit a request the VA for those records.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to concentrate on your health and any other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique compassion for their clients and increase the stakes in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits a senior reviewer to examine the same evidence presented in the original claim and then make an additional decision regarding the case. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their representative can arrange for an informal conference to discuss the case with the senior reviewer. However, only one of these conferences is permitted. In this meeting it is important to prepare and present your case's details in a clear manner. An attorney who is specialized in veterans disability attorneys disability can help you prepare and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes by the previous reviewer in an appeal for disability that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by reversing a previous decision however only if it is in the claimant's best interest.

A personal hearing may be scheduled for the claimant in the wake of the review at a higher level. This is a chance for the claimant to meet with the person who will be reviewing their claim and to present their case. A veteran disability lawyer can help determine whether or not a personal hearing is needed and prepare and present the evidence during the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may submit a notice of disagreement within one year of the date when the local office mails you its original denial letter. The VA will then review your claim once more and draft a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you fill out this form in a manner that is effective in appealing the decision. You do not have to list all the reasons you do not agree with the VA's decision, but it is advisable to be specific and help the VA know what you believe is wrong. Your attorney can help you on what evidence to submit in the NOD like statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you have another chance to have it reviewed by a senior reviewer in form of an Higher-Level Review. This process could take up to approximately 25 months. You should be with your attorney throughout the process. If the VA refuses to accept your claim, your attorney can request an appearance before an veterans disability Law firms Law judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their service. However, the VA is a massive bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can help claimants navigate the system and provide the assistance they need.

When a veteran files a Notice of Disagreement with his local VA office, the agency must conduct an investigation of the case. This includes examining the regulations, laws and the evidence used to make the initial decision. This includes reviewing the medical record of the veteran as well as at times, lay statements. The VA must send the claimant an official statement of the case, which contains a list of all the evidence it has reviewed.

This statement should be simple and clear, and Veterans Disability Law Firms also explain the reasoning behind the decision, including the interpretation of the regulations and laws relevant to the case. It should address all arguments made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. However, due to the VA backlog and backlog, the agency could take longer to issue this document. Contact a veterans disability attorney 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 benefit.