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

The process of getting veterans disability benefits can be overwhelming. The right veterans disability attorney will guide you from beginning to end.

It's important that you find an attorney that only handles disability law and these cases at all levels of appeal. This will ensure that you get the most effective representation.

Appeals

When the VA refuses or fails to approve a claim, either the spouse or the veteran who is surviving may appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability law firm disability attorney can assist you in understanding your options and get the benefits you deserve.

The most common reason why people file a claim for disability is that they are not satisfied with their disability status. In this case, a lawyer can ensure that the evidence is sufficient to justify a proper rating based on a disabling condition that is caused or exacerbated by military service.

A lawyer for veterans disability lawyers may be needed by those who have had to wait too long for their benefits. The lawyer can help determine what documents are missing, and then submit the request for these documents to the VA.

A lawyer for veterans' disability will also help you get rid of the burden of dealing directly with the VA. This will let you concentrate on your health and other obligations that you may have. Some attorneys are veterans and this can provide them a unique empathy with their clients and give them a greater stake in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows senior reviewers to review the same evidence presented in the original claim, and then make an additional decision on the case. The senior reviewer may affirm or reverse the previous decision to rate.

A veteran or their representative could request an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is permitted. At this meeting, it is important to prepare and present your case's information in a clear way. A veterans disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes by the previous reviewer on an appeal for disability which could include not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by altering the decision made previously however only when it is in the best interests of the claimant.

The higher-level review can also result in a private hearing for the applicant, which gives them the chance to talk to the person who will be reviewing the claim and to explain the arguments. A veterans disability attorney can help determine whether an individual hearing is necessary and prepare and present the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office mailed you the initial denial letter. The VA will examine your claim again and issue a Statement of the Case.

To file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help complete this form correctly to ensure it is effective in contesting the decision. You don't have to list every reason you do not agree with the VA's decision, but it is important to be specific in order to assist the VA determine what you think is wrong. Your attorney can guide you about the type of evidence you can submit in the NOD including statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage If you are denied, you can try again to get it reviewed by a senior reviewer in the form of a Higher-Level Review. It could take as long as 25 months, and you should have an attorney on all the process. If the VA still denies your claim, your lawyer can request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries and other ailments they've suffered during their service. The VA is a massive bureaucracy and it's easy to get lost. A veteran disability lawyer can assist claimants navigate the system and provide the assistance they need.

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the VA must conduct an investigation into the case. This includes looking at the laws, regulations and the evidence used to make the original decision. This includes reviewing the medical records of the veteran as well as at times lay statements. The VA must provide the claimant with a Statement of the Case which is a list of all evidence it has reviewed.

This statement should explain clearly the reasoning behind the decision, as well as how it interprets the laws and regulations that affected the case. It should address all the contentions the claimant raised in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date that the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over the basis of a rating or a claim for benefit.