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 good veterans disability attorney can guide you from beginning to end.

It's important to find a lawyer who limits their law practice to disability cases and exclusively handles these cases at each level of appeal. This ensures you're receiving the best representation.

Appeals

When the VA denies or does not approve a claim, either the spouse or the veteran who is surviving can file an appeal. It is a difficult and time-consuming process that can be complicated, even for the simplest disability claims. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

A common reason why people file a claim for disability is because they are unhappy with their disability rating. In this case, the lawyer can make sure that all the evidence is in place to support a valid rating based on a disabling condition that was caused or worsened by military service.

A veterans disability lawyer may be needed by people who have not received their benefits. The lawyer can help determine the missing documents and submit a request to the VA for the relevant records.

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, and any other responsibilities you may have. Some lawyers are veterans themselves which can give them a unique compassion for their clients. They also make them more invested in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

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

A veteran or their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However, only one conference is permitted. At this meeting, it is important to prepare and present your case's information clearly. A lawyer for veterans may help you prepare and take part in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the earlier reviewer in an appeal for disability, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these mistakes by changing the previous decision but only if it is in the best interest of the claimant.

A personal hearing can also be arranged for the claimant as a result of the review at a higher level. This is an opportunity for those seeking to be heard by the person who will be reviewing their claim and present their arguments. A lawyer for veterans disability can assist with determining whether it is necessary to request a private hearing, as well as with creating and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you are able to file a notice of disagreement within one year from the date when the local office gives you its original denial letter. The VA will review your case again and issue an official statement of the case.

To file a complaint for a disagreement, you should file VA Form 21-958. An attorney for disabled people can help to fill out the form correctly so that it is effective in appealing the decision. It is not necessary to list all the reasons you do not agree with the VA's decision, but it is important to be specific in order to help the VA determine what you think is wrong. Your attorney can help you determine the evidence you should include in the NOD. These could be statements from medical professionals, or results from diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed again by a senior reviewer through a Higher Level Review. This process could take up to 25 months and you should be in contact with your lawyer at all times. If the VA continues to deny your claim, your lawyer can request that a hearing be conducted before a veterans disability law firms Law Judge to present evidence and testimony in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they've suffered 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 assist in navigating the process and provide vital assistance for applicants.

If a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct an investigation into the case. This includes looking into the regulations, laws, and evidence used in the original decision. It also includes examining the medical records of the veterans and when necessary lay statements. The VA must send the claimant a Statement of Case, which contains a list of all the evidence it has looked over.

The statement should be in plain language and provide the reasoning behind the decision, as well as the interpretation of the law and regulations affecting the case. It should address any claims made by the plaintiff in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision over the amount of your rating or a claim for benefits.