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

The process of submitting an application for veterans disability benefits may be overwhelming. A lawyer who is a veterans disability attorney can guide you through the procedure.

It's important to choose a lawyer who restricts their law practice to disability cases and only handles those cases at all levels of appeal. This ensures that you're receiving the best representation.

Appeals

When the VA denies a claim or does not accept benefits, it permits the veteran or his her surviving spouse to appeal. It is a difficult and lengthy procedure that can be complicated even for the most simple disability claims. An attorney for veterans can assist you in understanding your options and help you get the benefits you deserve.

The most common reason people make a claim for disability is that they are unhappy with their disability rating. In this instance, the lawyer can make sure that the evidence is in place to support an appropriate rating based upon a disabling condition that is caused or exacerbated by military service.

Another common reason for people to need a veterans disability lawyer is that they've waited too long for benefits. The lawyer can assist in determining what documents are missing and then submit an application for these records to the VA.

A lawyer for veterans' disability will also help you get rid of the burden of dealing directly with the VA. This gives you the time to concentrate on your health, and any other responsibilities you may have. Some attorneys are veterans, which can give them an exceptional compassion for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to examine the same evidence provided in the original claim, and make a fresh determination. The senior reviewer is able to affirm or reverse the previous rating decision.

A veteran or their representative could ask for an informal meeting to discuss the case with the senior reviewer. However, only one conference is allowed. It is essential to be prepared and explain your case in a clear manner at this meeting. An attorney with expertise in the field of veterans disability can assist you prepare for and participate in the informal conference.

Higher-level reviews are usually 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 but only if it is in the claimant's best interest.

A hearing at a personal level can be arranged for the claimant in the wake of the higher-level review. This is an opportunity for the claimant to meet with the person who will be reviewing their claim and veterans disability attorney discuss their arguments. A lawyer for veterans disability can help you determine whether or not it's necessary to request a personal hearing, and also with creating and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one-year of the date the local office sent you the original denial letter. The VA will review the claim again and create an Statement of Case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. It is not necessary to list every reason why you disagree with the decision. However it is best to be specific so that the VA knows exactly what you believe to be incorrect. Your attorney can provide guidance about the type of evidence you can submit with the NOD, veterans disability attorney like statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this point, you have another chance to get it reviewed by an experienced reviewer in form of a Higher-Level review. This process could take up to up to 25 months, and you should be with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer could request a hearing to be held before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check should your claim be approved.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are paid for their injuries, illnesses, and other conditions suffered during service. The VA is a massive bureaucracy and it's not difficult to get lost. A veteran disability lawyer can help you navigate the process and provide crucial assistance to those seeking assistance.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the agency must conduct an investigation of the case. This includes looking into the laws, regulations and evidence used to make the original decision. It also involves examining the medical records of the veterans and, if needed 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 be in plain language and explain the reasoning behind the decision, including the interpretation of the laws and regulations affecting the case. It should address the issues made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. However due to the VA backlog it could delay the release of the document. If you are a veteran attempting to appeal a rating decision or a claim for benefits, contact an attorney for veterans disability lawsuit disability from Fusco, Brandenstein & Rada, P.C.