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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 attorneys disability lawyer can assist you from beginning to end.

It's crucial to find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This ensures you're receiving the best legal representation.

Appeal

If the VA rejects a claim or fails to approve benefits, it allows the veteran or or her surviving spouse to file an appeal. This is a complicated and time-consuming process that can be complicated even with the most straightforward disability claims. A veteran disability lawyer can help you understand your options and get the benefits you deserve.

One of the main reasons people have to declare a disability claim is that they are unhappy with their disability status. In this instance an attorney can make sure there is enough evidence to justify the appropriate rating due to a condition caused or made worse by military service.

A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can assist in determining the missing documents, and then make an inquiry for these records to the VA.

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 and any other obligations you have. Certain attorneys are veterans themselves, and this can give them a unique empathy for their clients and give them a greater stake in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows senior reviewers to review the same evidence as was presented in the original claim and make a new decision on the case. The senior reviewer can choose to either reverse or confirm the previous rating.

A veteran or their representative can request an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. In this meeting it is essential to prepare and present your case's information in a clear way. An attorney with expertise in the field of veterans disability can assist you prepare for and participate in the informal conference.

Higher-level reviews are often utilized to correct errors made by the earlier reviewer in a disability case which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer can alter a prior decision on the same claim in order to correct these kinds of errors, but only if those changes are beneficial to the claimant.

The more extensive review can result in a private hearing for the applicant, which gives them the chance to talk to the person who will be reviewing the claim and present the arguments. A veterans disability lawyer can help determine whether it's required to request a personal hearing, and with preparation and presenting evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year from the date the local office received the original denial letter. The VA will review your case again and create 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 help complete this form in a way that is effective in contesting the decision. You don't need to list every reason you don't agree with the decision. However, it is better to be specific so that the VA can understand exactly what you believe to be wrong. Your attorney can help you decide the evidence you should include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this point There is a second chance to review it by a senior reviewer in form of a Higher-Level Review. This process could take up to approximately 25 months. You should be in contact with your lawyer at all times. If the VA rejects your claim, your lawyer can request an appeal before an Veterans Law judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to make sure that veterans are compensated for their injuries, illnesses and other ailments that they suffer during their service. But, the VA is a massive bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability attorney can guide you through the process and provide vital assistance to applicants.

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

The statement should be written in plain English and should explain the reasoning behind the decision, as well as the interpretation of the regulations and laws that affect the case. It should address all the assertions made by the claimant in his or her NOD.

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