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

The process of applying for benefits from veterans disability may be overwhelming. The right veterans disability attorney can guide you from start to finish.

It's important to find a lawyer who has a limit on their practice to disability cases, and only handles those cases at every level of appeal. This ensures you're receiving the best legal representation.

Appeals

When the VA refuses or fails to consider a claim, the veteran or the surviving spouse can file an appeal. Even the most basic disability claims could make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

The most common reason people need to file a disability claim is because they are not content with their disability status. In this situation, a lawyer can make sure that there is sufficient evidence to back the proper rating based on a condition that is caused or worsened by military service.

A lawyer for veterans disability law firms may be needed by people who have not received their benefits. The lawyer can help determine what documents are missing and then submit the request for these documents to the VA.

The help of a veterans disability attorney can also help you deal with the VA away from you. This will give you the time to focus on your health and any other obligations you might have. Some lawyers are veterans themselves and this can provide them a unique level of compassion for their clients and create a deeper investment in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence that was presented in the original claim, and then make an additional decision regarding the case. The senior reviewer is able to either confirm or reverse the previous rating.

A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is allowed. It is essential to be prepared and be able to present the facts of your case in a clear manner at this meeting. A veterans disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the previous reviewer on the case of a disability claim for example, mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct the errors by reversing a previous decision but 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 provides an opportunity to talk to the person who is reviewing the claim and present their arguments. A veterans disability attorneys disability attorney (their explanation) can help determine whether or not a personal hearing is needed, as well as prepare and present evidence for the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to file a notice of disagreement within one year of the date on which the local office has sent you the original denial letter. The VA will then review your claim again and create an Statement of Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You don't have to include every reason why you are not with the decision. However it is better to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can guide you on what evidence to submit along with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can request that it be reviewed by a senior reviewer through a Higher Level Review. This process could take as long as 25 months and you should be with your lawyer at all times. If the VA denies your claim your attorney can request an appearance 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 numerous laws to ensure that veterans are paid for their injuries, illnesses and conditions suffered during service. But the VA is a massive bureaucracy and it is easy to become lost in the system. A veteran disability attorney can guide you through the process and provide much-needed assistance for those seeking assistance.

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the VA must conduct an examination of the case. This includes examining the regulations, laws, and evidence used in the initial decision. This includes reviewing the medical record of the veteran as well as in the event of a need, lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all the evidence it has looked over.

The statement should outline in plain language the reasoning behind the decision, and how it determined the law and regulations that impacted the case. It should address the allegations made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was received. However due to the VA backlog, the agency may take longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision over the amount of your rating or a claim for benefit.