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

The process of submitting an application for benefits for veterans disability can seem overwhelming. The right veterans disability attorney can help you navigate it from beginning to end.

It's important to find a lawyer who has a limit on their practice to disability cases and exclusively handles those cases at each level of appeal. This will ensure you receive the best representation.

Appeals

If the VA denies a claim, or does not accept benefits, it permits the veteran or his or the spouse who died to appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason people file a claim for disability is because they are unhappy with their disability rating. In this situation a lawyer can be sure there is enough evidence to support a rating that is appropriate for a condition that is caused or made worse by military service.

Another common reason for people to require a veterans disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can help determine what documents are not available, and then make an inquiry for these records to the VA.

Having a veterans disability attorney can also relieve the burden of dealing with the VA away from you. This will allow you the time to concentrate on your health, and any other obligations you might have. Some lawyers are veterans, and this can result in an unmatched empathy for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence that was presented in the original claim and make a fresh determination. The senior reviewer is able to confirm or reverse the previous rating decision.

A veteran or their representative may ask for an informal meeting to discuss the case with the senior reviewer. However only one conference is allowed. It is crucial to be prepared and present your case in a concise way at this conference. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews are typically used to correct errors made by the previous reviewer on a disability case that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct these mistakes by altering the decision made previously but only if it is beneficial to the claimant's interests.

The higher-level review could result in a personal hearing for the claimant which gives the claimant an opportunity to talk to the person who will be reviewing the claim and explain their arguments. A veterans disability lawyer can help determine whether it is necessary to request a private hearing, as well as preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to an assessment, you may file a written notice of disagreement within one year of the date the local office has sent you the initial denial letter. The VA will review your case once more and draft a Statement of the Case.

In order to file a disagreement for a disagreement, you should file VA Form 21-958. A disability attorney can help to fill out the form in a way that is effective in appealing the decision. You don't need to list every reason that you disagree with the decision. However it is best to be specific in order that the VA understands what exactly you believe is incorrect. Your attorney can help you determine what evidence to include in the NOD. These could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is not granted at this stage You have a second chance to review it by a senior reviewer in the form of A Higher-Level Review. This can take up to 25 months, and it is important to have your attorney by with you every step of the process. If the VA refuses to accept 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 draft your check if your claim is awarded.

Statement of the Case

Congress has passed a number of laws to ensure that veterans disability lawsuits receive compensation for illnesses, injuries and ailments they've experienced during their time of service. The VA is a big bureaucracy and it's easy to get lost. A veteran disability lawyer can help you navigate the process and provide much-needed assistance to those seeking assistance.

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

The statement should outline clearly the reasoning behind the decision, including how it interpreted the laws and regulations that affected the case. It should address any claims raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. However, due to the VA backlog it could delay the release of the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about the amount of your rating or a claim for benefit.