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 crucial to choose a lawyer who restricts their law practice to disability cases and exclusively handles those cases at each level of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

If the VA refuses or fails to approve a claim, the veteran or the surviving spouse may appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can help you understand the options available to you and help you get the benefits you deserve.

One common reason that people file a disability claim is that they are not content with their disability status. In this instance lawyers can make sure there is enough evidence to support an appropriate rating based on a condition caused or aggravated by military service.

A veterans disability lawyer may be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for the relevant records.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This gives you the time to concentrate on your health and any other obligations you might have. Some attorneys are veterans and this gives them a unique form of empathy with their clients and make them more invested in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence that was presented in the original claim and make a fresh decision. The senior reviewer can either confirm or reverse the previous rating decision.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, however, only one such meeting is allowed. In this meeting it is crucial to prepare and veterans disability lawyer present your case's facts in a concise manner. An attorney with expertise in veterans ' disability can help you prepare for and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes by the earlier reviewer in a disability case that result in failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision however only when it is in the claimant's best interest.

The more extensive review can result in a personal hearing for the claimant which gives them the chance to speak with the person reviewing the claim and explain their arguments. A veterans disability lawyer (https://Vimeo.com) can help you determine whether it is necessary to request a private hearing, and also with creating and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made an assessment, you may submit a notice of disagreement within one year of the date on which the local office mails you the original denial letter. The VA will then review your case once more and draft a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete this form correctly to appeal the decision. It is not necessary to list every reason you do not agree with the VA's decision however, it is recommended to be specific in order to assist the VA understand what you think is wrong. Your attorney can help you decide which evidence to include in the NOD. These could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it re-examined again by a senior reviewer through a Higher Level Review. This can take up to 25 months, and it is important to have your attorney by your side throughout the process. If the VA rejects your claim, your lawyer can request an appointment with an Veterans Law judge to present testimony and other evidence in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries and conditions they've endured during their time of service. The VA is a huge bureaucracy and it's easy to become lost. A veteran disability lawyer can guide you through the process and provide much-needed assistance to claimants.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the VA must conduct a review of the case. This includes looking into the regulations, laws and evidence used in making the original decision. This includes looking over the veteran's medical record and, if necessary, lay statements. The VA must provide the claimant with the Statement of Case that includes a list of evidence it has analyzed.

The statement should be written in plain English and should explain the reasoning of the decision, which should include the interpretation of the regulations and laws which affect the case. It should address the issues made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. Due to the VA backlog it may take longer for the agency to issue the document. If you are a veteran appealing a rating decision or a claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.