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

The process of submitting an application for benefits from veterans disability may appear overwhelming. A qualified veterans disability lawyer can assist you from start to finish.

It's essential to find an attorney who only has experience in disability law and who handles these cases at all levels of appeal. This ensures that you're getting the best representation.

Appeal

If the VA denies a claim, or does not accept benefits, it permits the veteran or or spouse who survives to appeal. This is a complicated and lengthy procedure that can be complicated even for the most simple disability claims. A veterans disability lawyer can assist you in understanding the options available to you and get the benefits you deserve.

The most common reason people are required to declare an claim for disability is because they are not content with their disability status. In this situation lawyers can make sure that there is sufficient evidence to justify an appropriate rating for a condition that is caused or made worse by military service.

A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can help determine what documents are missing and submit a request to the VA for those records.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you the time to focus on your health, and any other obligations you have. Some attorneys are veterans and this can provide them a unique empathy with their clients and make them more invested in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence that was presented in the original claim, and make a fresh determination. The senior reviewer is able to either affirm or reverse the previous rating.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one conference is allowed. It is crucial to be prepared and provide your case in a clear manner at this time. An attorney who is specialized in veterans ' disability can help you prepare and participate in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of a disability claim. For instance when the previous reviewer misinterpreted evidence, or made errors in the law. Senior reviewers are able to correct these mistakes by changing the previous decision, but only when it is beneficial to the claimant's interests.

A personal hearing may be arranged for the applicant as a result of the review at a higher-level. This provides the applicant to meet with the person who will be reviewing their claim and present their arguments. A veterans disability lawyer can assist with determining whether it's necessary to request a personal hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year of the date the local office sent you the original denial letter. The VA will then review your claim again and issue a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. You do not have to list all the reasons you don't agree with the VA's decision, but it is advisable to be specific and help the VA understand what you think is wrong. Your attorney can guide you on the kind of evidence to include to support the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point If you are denied, you can try again to be reviewed by a senior reviewer in form of a Higher-Level Review. The process can take between 25 and about 25 months and you must be in contact with your attorney throughout the process. If the VA denies your claim your attorney may request an appointment with an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed numerous laws to ensure veterans receive compensation for illnesses, injuries and ailments they've experienced 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 lawyer can assist applicants navigate the system and offer the much-needed assistance.

Once a veteran has filed a Notice of Disagreement in his or local VA office, the agency must conduct an investigation into the case. This involves examining the laws, regulations and the evidence used to make the initial decision. This includes looking over the medical records of the veteran and at times lay statements. The VA must provide the applicant with a Statement of Case, which includes a list with 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 affecting the case. It should address all the claims made by the plaintiff in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog it may take the agency longer to issue the statement. If you are a veteran attempting to appeal a decision on your rating or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.