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

The process of getting veterans disability benefits can be overwhelming. A lawyer for veterans can guide you through the procedure.

It's crucial to choose an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This ensures you're getting the best representation.

Appeal

When the VA refuses to approve a claim or fails to approve benefits, it gives the veteran or his or the spouse who died to file an appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding the various options available and obtain the benefits you deserve.

One of the main reasons people have to file a disability claim is because they are not satisfied with their disability status. In this case, the lawyer can make sure that the evidence is sufficient to support an appropriate rating based upon a disabling condition that was caused or worsened by military service.

Another reason that people tend to need a veterans disability lawyer is because they've waited too long to get their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA for those records.

A veterans disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and any other obligations you might have. Some attorneys are veterans, and this may result in a unique compassion 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 option that allows an experienced reviewer to analyze the same evidence provided in the original claim and make a fresh decision. The senior reviewer may affirm or reverse the previous rating decision.

The veteran or their representative can arrange for a casual conference with the senior reviewer to discuss the case, but only one such conference is permitted. It is essential to be prepared and explain the facts of your case in a clear manner at this meeting. An attorney who is specialized in the field of disability for veterans disability lawsuit can help to prepare and take part in the informal conference.

Higher-level reviews are typically used to correct errors made by the reviewer who was earlier in an appeal for disability which could include not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct the errors by altering the decision made previously but only if it is beneficial to the claimant's interests.

A personal hearing can also be scheduled for the claimant in the wake of the higher-level review. This is an opportunity for the claimant to meet the person reviewing their claim and explain the arguments. A lawyer for veterans can assist in determining whether it's required to request a personal hearing, and also with preparing and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one-year of the date the local office issued the initial denial letter. The VA will review your case again and create an Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete the form in a manner that is effective in appealing the decision. It is not necessary to list every reason you disagree with the VA's decision but it is advisable to be specific in order to help the VA to understand what you believe is wrong. Your attorney can help you decide what evidence to include with the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this stage There is a second chance to get it reviewed by an experienced reviewer in form of a Higher-Level review. The process can take between 25 and approximately 25 months. You should be with your attorney at every step. If the VA still denies your claim, your lawyer may request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are compensated for their injuries, illnesses and other ailments caused by their service. However, the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability lawyer can help those seeking assistance navigate the system and offer the needed assistance.

Once a veteran has filed a Notice of Disagreement with his local VA office, the agency must conduct an investigation of the case. This includes reviewing the laws, regulations and the evidence used in the original decision. This includes reviewing the veteran's medical record and in the event of a need lay statements. The VA must provide the claimant with an official statement of the case which includes a listing of all evidence it studied.

This statement should explain in clear language the reasoning behind its decision, as well as how it interpreted the laws and regulations that impacted the case. It should address the claims raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. However due to the VA backlog, the agency may take longer to mail this document. If you are a veteran attempting to appeal an appeal of a rating decision or claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.