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

The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can assist you from start to finish.

It's important to locate a lawyer that limits their practice to disability cases and exclusively handles those cases at every stage of appeal. This will ensure that you get the best legal representation.

Appeals

If the VA refuses or fails to accept a claim, the veteran or the surviving spouse may appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability lawyer can assist you in understanding all your options and get the benefits you deserve.

A common reason for people to submit a claim for disability is because they are unhappy with their disability rating. In this situation, a lawyer can make sure that there is sufficient evidence to back a rating that is appropriate based on a condition that is caused or worsened by military service.

A veterans disability lawyers disability lawyer may be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and then submit the request for these documents to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you time to concentrate on your health, and any other obligations you have. Certain attorneys are veterans and this may result in an innate compassion for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

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

A veteran or their representative may request an informal meeting to discuss the matter with the senior reviewer. However only one conference is allowed. At this conference, it is important to prepare and present your case's details in a concise manner. An attorney who specializes in the field of disability for veterans can help you prepare and participate at the informal conference.

Higher-level reviews are typically utilized to correct errors made by the previous reviewer on a disability case that result in mistakenly interpreting evidence or committing errors in the law. The senior reviewer may alter a prior decision on the same claim in order to correct these kinds of errors however only if those changes are advantageous to the applicant.

The more thorough review may lead to a personal hearing for the applicant, which is an opportunity to meet with the person who is reviewing the claim and to explain their arguments. A veterans disability lawyer can help determine whether it's necessary to request a personal hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year of the date the local office issued the original denial letter. The VA will review your case again and issue an official statement of the case.

You should make use of 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 every reason you don't agree with the decision; however it is best to be specific so that the VA can understand exactly what 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 from diagnostic tests.

If your appeal is rejected at this point You have a second chance to review it by a senior reviewer in form of an Higher-Level Review. This can take up to 25 months, and you should have your attorney by your side every step of the way. If the VA refuses to accept your claim, your lawyer can request a hearing before an Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. But, the VA is a huge bureaucracy that is easy to get lost in the maze of regulations. A veteran disability attorney can help you navigate the process and offer much-needed assistance for applicants.

If a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an investigation of the case. This includes looking into the laws, regulations and the evidence used to make the original decision. This includes looking over the veteran's medical record and in the event of a need lay statements. The VA must provide the claimant with the Statement of Case which includes a list with evidence it has analyzed.

The statement should be in plain language and explain the reasoning of the decision, which should include the interpretation of the law and regulations that affect the case. It should address any claims that the claimant has made in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. However due to the VA backlog and backlog, the agency could take longer to issue the document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.