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

The process of getting veterans disability lawyers disability benefits can be a challenge. A lawyer who is a veterans disability attorney can guide you through the process.

It is essential to locate an attorney who has experience in disability law and who handles these cases at all levels of appeal. This helps ensure you'll be receiving the best representation.

Appeals

If the VA decides to deny or not consider a claim, the spouse of the deceased may appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can assist you in understanding the options available to you and secure the benefits you deserve.

The most common reason people declare a disability claim is that they are unhappy with their disability status. In this instance, the lawyer can make sure that the evidence is sufficient to support an appropriate rating based on a disabling condition that is caused or exacerbated by military service.

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

A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This gives you the time to concentrate on your health, and any other obligations you might have. Certain attorneys are veterans themselves, and this can give them a unique level of empathy with their clients and create a deeper investment 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 permits an experienced reviewer to examine the same evidence that was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer may affirm or reverse the previous rating decision.

A veteran or their agent may ask for an informal meeting to discuss the case with the senior reviewer. However only one conference is permitted. At this meeting it is essential to prepare and present your case's details in a clear manner. An attorney that specializes in veterans ' disability can help you prepare and participate at the informal conference.

Higher-level reviews are typically utilized to correct errors made by the previous reviewer in the case of a disability claim which could include failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter the previous decision made on the same claim in order to correct these kinds of mistakes however only if those modifications are beneficial to the claimant.

A personal hearing may be scheduled for the claimant in the wake of the review at a higher level. This provides the claimant to meet the person who is reviewing their case and explain the arguments. A lawyer who is a veteran can help determine whether it's necessary to request a personal hearing, as well as with making and 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 that the local office sends you the initial denial letter. The VA will review the case again and issue a Statement of Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. It is not necessary to list every reason why you disagree with the decision; however it is better to be specific in order that the VA is aware of what you believe to be wrong. Your attorney can guide you about the type of evidence you can submit to support the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed by a senior Veterans Disability Attorney judge through an Higher Level Review. This could take up to 25 months, and you must have your lawyer by your side throughout the way. If the VA is unable to resolve your claim, your lawyer may request a hearing to be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for ailments, injuries and illnesses caused by their service. The VA is a big bureaucracy and it's easy for people to become lost. A veteran disability lawyer can assist claimants navigate the system and offer the much-needed assistance.

When a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct an investigation of the case. This involves examining the regulations, laws, and the evidence used to make the initial decision. It also involves examining the medical records of the veteran and when necessary lay statements. The VA must provide the claimant with an Statement of Case that includes a list of evidence it has analyzed.

This statement should describe in plain language the reasoning behind its decision, including how it interprets the laws and regulations that impacted the case. It should address all assertions made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. Due to the VA backlog, veterans disability attorney it could take the agency longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about a rating or a claim for benefits.