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

The process of obtaining veterans disability benefits can be overwhelming. A qualified veterans disability lawyer will guide you from beginning to end.

It is essential to locate a lawyer that limits their practice to disabilities and only handles those cases at every stage of appeal. This will ensure that you get the best legal representation.

Appeal

When the VA rejects or doesn't accept a claim, the veteran or the surviving spouse can file an appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can help you understand the options available to you and obtain the benefits you deserve.

The most common reason why people submit a claim for disability is because they are unhappy with their disability status. In this instance, the lawyer can ensure that the evidence is in place to support a fair rating based on a disability condition caused by or aggravated by military service.

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

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to focus on your health, as well as any other obligations you have. Certain attorneys are veterans themselves, and this can give them a unique level of compassion for their clients. They also give them a greater stake in their cases. This can make a big 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 is a decision review option that permits the senior reviewer to review the same evidence that was presented in the original claim, and then make an additional decision on the case. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or their agent may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. For this meeting it is important to prepare and present your case facts in a concise manner. An attorney with expertise in veterans disability can help you prepare and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For instance in the event that the previous reviewer misinterpreted evidence, or made errors in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision but only if it is in the claimant's best interest.

A personal hearing may be arranged for the claimant as a consequence of the higher-level review. This provides the claimant to meet with the person who will be reviewing their claim and to present their case. A veterans disability lawyer can help determine whether it's necessary to request a private hearing, as well as preparation and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year from the date on which the local office gives you the original denial letter. The VA will then review your case once more and prepare a Statement of the Case.

To file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't have to include every reason why you are not with the decision; however it is recommended to be specific in order that the VA is aware of what you believe is incorrect. Your attorney can help you decide which evidence to include in the NOD. This could include statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this stage, then you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. This process could take as long as up to 25 months, and you should be with your attorney throughout the process. If the VA is unable to resolve your claim, your lawyer can request that a hearing be held before a Veterans Law Judge to present evidence and testimony in person. Your attorney will prepare your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are compensated for their injuries, illnesses and conditions suffered during 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 people navigate the system and offer the needed assistance.

The VA must review the case following the time a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the regulations, laws and evidence used to reach the original decision. This also includes looking at the medical records of the veteran as well as, if needed, lay statements. The VA must provide the applicant with an Statement of Case that includes a list of evidence it has analyzed.

The statement should be written 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 claimant in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date on which the NOD was filed. However, due to the VA backlog the agency might take longer to issue this document. If you are a veteran who is appealing an appeal of a rating decision or claim for benefits, veterans disability lawyer please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.