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

The process of submitting an application for veterans disability benefits can appear overwhelming. A lawyer who is a veterans disability attorney can guide you through the process.

It's crucial to find a lawyer who limits their law practice to disabilities and only handles these cases at all levels of appeal. This will ensure that you're getting the best representation.

Appeal

If the VA refuses or fails to consider a claim, the spouse of the deceased or veteran may appeal. This is a lengthy and time-consuming process that can be complicated, even for the simplest disability claims. A veterans disability law firms disability lawyer can help you understand all your options and get the benefits you deserve.

The most common reason why people make a claim for disability is that they are unhappy with their disability status. In this instance a lawyer can be sure that there is sufficient evidence to support an appropriate rating based on a condition caused or made worse by military service.

A veterans disability lawyer could be needed by those who have not received their benefits. The lawyer can help determine the missing documents, and then submit the request for these documents to the VA.

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This gives you the time to focus on your health and any other responsibilities you may have. Certain attorneys are veterans themselves and this gives them a unique level of compassion for their clients. They also increase the stakes in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to examine the same evidence provided in the original claim, and make a fresh determination. The senior reviewer is able to either reverse or confirm the previous rating.

A veteran or their representative can ask for an informal meeting to discuss the matter with the senior veterans disability lawyer reviewer. However only one of these conferences is permitted. It is crucial to be prepared and provide the facts of your case in a clear manner at this meeting. An attorney who is specialized in veterans disability can help to prepare and take part in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of the disability claim. For instance when the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer can change a prior decision on the same claim in order to correct these errors however only if the modifications are beneficial for the person filing the claim.

A hearing at a personal level can be arranged for the claimant as a consequence of the review at a higher level. This gives the claimant to meet the person who is reviewing their claim and present their arguments. A veterans disability lawyer can assist in determining whether it is necessary to request a private hearing, as well as with making and veterans disability lawyer presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to make a formal notice of disagreement within one year from the date on which the local office has sent you the original denial letter. The VA will review your claim once more and prepare an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist to fill out the form in a manner that is effective in appealing the decision. It is not necessary to list every reason you disagree with the VA's decision, but it is advisable to be specific in order to help the VA to understand what you believe is wrong. Your attorney can help you determine what evidence to include in the NOD. These could be statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined again by a senior reviewer through a Higher Level Review. This could take anywhere from 25 months, and you should have your lawyer by your side every step of the process. If the VA rejects your claim, your attorney may request an appointment with an Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans disability lawyers receive compensation for injuries, illnesses, and other conditions suffered during service. The VA is a huge bureaucracy and it's easy to get lost. A veteran disability lawyer can assist people navigate the system and offer much needed assistance.

Once a veteran files a Notice of Disagreement in his or her local VA office, the VA must conduct an examination of the case. This includes looking into the regulations, laws, and evidence used in the original decision. This also includes looking at the medical records of the veteran and when necessary, lay statements. The VA must provide the claimant with an official statement of the case which is a list of all the evidence it has reviewed.

This statement should describe clearly the reasoning behind the decision, including how it determined the law and regulations that affected the case. It should address all the assertions made by the claimant in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the document. If you're a veteran seeking to appeal a decision on your rating or claim for benefits, please contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.