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

The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney can help you navigate it from beginning to end.

It's important that you find an attorney that only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you get the best representation.

Appeal

If the VA rejects a claim or does not allow benefits to be approved, it allows the veteran or his her surviving spouse to appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and get the benefits you deserve.

One common reason that people are required to file a disability claim is that they are not satisfied with their disability rating. In this case, a lawyer can ensure that the evidence is in place to support a valid rating based on a disability condition caused or exacerbated by military service.

A veterans disability lawyer 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 a request to the VA for those records.

The help of a veterans disability lawyer can take the burden of dealing with the VA away from your shoulders. This gives you the time to focus on your health and any other obligations you have. Some attorneys are veterans themselves and Veterans disability attorney this gives them a unique compassion for their clients. They also 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 if they do not agree. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer has the choice to either confirm or reverse the previous rating.

The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, however, only one conference is permitted. It is essential to be prepared and provide the facts of your case in a concise manner at this time. A veterans disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews are often used to correct errors made by the previous reviewer in the case of a disability claim that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision but only if it is in the best interest of the claimant.

A personal hearing can also be scheduled for the claimant as a result of the higher-level review. This is an opportunity for veterans disability Attorney the claimant to meet the person reviewing their claim and discuss their arguments. A lawyer who is a veteran can assist with determining whether it's required to request a personal hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office issued the original denial letter. The VA will review the claim once more and draft a Statement of Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. You do not have to list all the reasons you disagree with the VA's decision but it is important to be specific and help the VA know what you believe is wrong. Your attorney can provide guidance about the type of evidence you can submit with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined again by a senior reviewer through an Higher Level Review. This process could take as long as up to 25 months, and you should be in contact with your lawyer at all times. If the VA still denies your claim, your lawyer can request a hearing to be conducted before an veterans disability attorneys Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are paid for their ailments, injuries and illnesses suffered during 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 much-needed assistance.

Once a veteran files a Notice of Disagreement with his or her local VA office, the VA must conduct a review of the case. This involves examining the laws, regulations, and the evidence used in the initial decision. This also includes looking at the medical records of the veteran as well as when necessary lay statements. The VA must send the claimant a Statement of Case which includes a listing of all evidence it looked over.

This statement should describe clearly the reasoning behind the decision, and how it interpreted the laws and regulations that impacted the case. It should address all the 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 when the NOD was filed. However due to the VA backlog it could delay the release of the document. If you are a veteran seeking to appeal a decision on your rating or claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.