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

The process of getting veterans disability benefits can be a challenge. A qualified veterans disability law firm disability lawyer can guide you from start to finish.

It's important to choose a lawyer who restricts their practice to disability cases and only handles those cases at every level of appeal. This will ensure you receive the most effective representation.

Appeals

When the VA denies or does not approve a claim, either the spouse or the veteran who is surviving may appeal. This is a complex and time-consuming process that can be complicated even for the most straightforward disability claims. A veteran disability lawyer can assist you in understanding the options available to you and obtain the benefits you deserve.

A common reason why people have to submit a disability claim is that they are not content with their disability rating. In this instance lawyers can make sure that there is enough evidence to back an appropriate rating in light of a condition that was caused or made worse by military service.

A veterans disability lawyer (published here) may be required by those who have waited too long to get their benefits. The lawyer can assist in determining the missing documents, and then make an application for these records to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you the time to focus on your health, as well as any other responsibilities you may have. Certain attorneys are veterans which can give them a unique empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence provided in the original claim, and make a fresh determination. The senior reviewer may confirm or reverse the previous decision to rate.

A veteran or their agent may request an informal conference to discuss the matter with the senior reviewer. However only one conference is permitted. It is crucial to be prepared and present the facts of your case in a clear manner at this meeting. A lawyer for veterans may assist you in preparing and take part in the informal conference.

Higher-level reviews are often used to correct errors made by the previous reviewer in an appeal for disability that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct the errors by altering the decision made previously however only if it is in the claimant's best interest.

The higher-level review can also lead to a personal hearing for the claimant which gives them the chance to connect with the person who is reviewing the claim and to explain the arguments. A veterans disability lawyer can help you determine whether or not it is required to request a personal hearing, as well as making and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office sent you the initial denial letter. The VA will review your case again and create an official statement of the case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. It is not necessary to list all the reasons you do not agree with the VA's decision however, it is recommended to be specific and help the VA to understand what you believe is wrong. Your attorney can provide guidance on what evidence to submit along with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point You have a second chance to get it reviewed by a senior reviewer in the form of A Higher-Level Review. This can take up to 25 months, and you should have your lawyer by all the process. If the VA refuses to accept your claim, your lawyer could request that a hearing be held 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 many laws to ensure that veterans receive compensation for illnesses, injuries, and conditions they've endured during their service. However the VA is a huge bureaucracy, and it's easy to become lost in the system. A veteran disability attorney can help you navigate the process and provide vital assistance to those who are seeking benefits.

The VA must examine the case after a veteran has filed the Notice of Dispute to the local VA office. This includes looking into the regulations, laws and evidence used to make the original decision. This includes reviewing the medical record of the veteran as well as when necessary lay statements. The VA must provide the claimant with an official statement of the case, which contains a list of all evidence it examined.

This statement should describe in clear language the reasoning behind the decision, and how it interpreted the laws and regulations that affected the case. It should address the issues made by the claimant in the NOD.

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