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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 a challenge. The right veterans disability attorney can help you navigate it from beginning to end.

It's important that you choose an attorney who handles disability law and cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA refuses to approve a claim or does not allow benefits to be approved, it allows the veteran, or his or her surviving spouse to file an appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. A veterans disability lawsuits disability attorney can assist you in understanding your options and obtain the benefits you deserve.

A common reason why people need to make a disability claim is that they are not happy with the disability rating they have received. In this case an attorney can make sure there is enough evidence to back the appropriate rating for a condition that is that is caused or worsened by military service.

Another reason for people to require a veteran disability lawyer is because they have been waiting too long for benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for those records.

A lawyer for veterans can also ease the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, as well as any other obligations you might have. Some attorneys are veterans which can give them a unique level of compassion for their clients. They also make them more invested 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 in the event of disagreement. The Higher-Level Review is a decision review option that allows an experienced reviewer to look at the same evidence that was presented in the original claim and make a new decision on the case. The senior reviewer can affirm or reverse the previous rating decision.

The veteran or their representative can arrange for a casual conference with the senior reviewer to discuss the case, however, only one conference is permitted. For this meeting it is crucial to prepare and present your case's facts in a clear manner. A veterans disability attorney can help 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 claim for example, mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision, but only when it is beneficial to the claimant's interests.

The more extensive review can result in a private hearing for the claimant, which provides an opportunity to talk to those who are reviewing the claim, and explain the arguments. A lawyer for veterans can help determine whether or not it is necessary to request a private hearing, as well as creating and presenting evidence during the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you are able to file a notice of disagreement within one year from the date when the local office gives you the initial denial letter. The VA will review your case 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 lawyer can help you fill out the form correctly to appeal the decision. You don't need to list every reason you don't agree with the decision; however it is better to be specific in order that the VA understands what exactly you believe to be incorrect. Your attorney can guide you on what evidence to submit along with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, you have another chance to review it by an experienced reviewer in the form of a Higher-Level review. This could take up to 25 months, and it is important to have an attorney on your side every step of the way. If the VA continues to deny your claim, your lawyer may request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to make sure that veterans are compensated for ailments, injuries and illnesses that they suffer during their service. But, the VA is a massive bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can help applicants navigate the system and offer the needed assistance.

Once a veteran has filed a Notice of Disagreement to his or her local VA office, the VA must conduct a review of the case. This involves examining the laws, regulations and evidence used in making the original decision. This includes reviewing the medical record of the veteran as well as, if necessary lay statements. The VA must provide the claimant with a Statement of Case that includes a list of all evidence it has looked over.

This statement should be in plain English and should explain the reasoning of the decision, which should include the interpretation of the regulations and laws that affect the case. It should address all the claims made by the plaintiff in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding the basis of a rating or a claim for benefit.