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

The process of obtaining veterans disability benefits can be overwhelming. The right veterans disability attorney will guide you from start to finish.

It's important that you find an attorney that only handles disability law and cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeal

If the VA denies or does not accept a claim, the spouse of the deceased or veteran can file an appeal. This is a complicated and time-consuming process that can be complicated even by the most straightforward disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

One common reason that people are required to make a disability claim is that they are not content with their disability status. In this situation, a lawyer can make sure that there is sufficient evidence to back a rating that is appropriate based on a condition caused or aggravated by military service.

A lawyer for veterans may be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA for the relevant records.

Having a veterans disability lawyer can take the burden of dealing with the VA away from you. This will let you focus on your health and any other obligations you might have. Some attorneys are veterans themselves and this gives them a unique form of empathy with their clients and give them a greater stake in their cases. This can make a massive 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 option is a decision-review procedure that allows an experienced reviewer to examine the same evidence provided in the original claim and make a fresh decision. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. It is crucial to be prepared and provide 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.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of the disability claim. For instance, if the earlier reviewer misinterpreted evidence or Veterans Disability Attorney made errors in the law. The senior reviewer can change a prior decision on the same claim in order to rectify these errors but only if the modifications are beneficial for the person filing the claim.

A personal hearing can also be arranged for the claimant as a result of the review at a higher level. This gives the applicant to meet with the person who is reviewing their case and present their arguments. A lawyer for veterans can assist with determining whether or not it's required to request a personal hearing, as well as with making and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office sent you the initial denial letter. The VA will review your claim once more and prepare an official statement of the case.

To file a disagreement, you should use VA Form 21-958. A disability lawyer can help you complete the form in a way that is effective in contesting the decision. It is not necessary to list every reason that you disagree with the decision. However it is better to be specific in order that the VA understands what exactly you believe to be incorrect. Your attorney can provide guidance about the type of evidence you can submit to support the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this stage, you have another chance to have it reviewed by a senior reviewer in form of a Higher-Level Review. It could take as long as 25 months, and it is important to have your attorney by your side throughout the process. If the VA rejects your claim, your lawyer may request an appeal before a Veterans Law judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for their injuries, illnesses and other ailments caused by their service. However, the VA is a huge bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can help navigate the process and provide much-needed assistance for claimants.

When a veteran files a Notice of Disagreement with his or local VA office, the VA must conduct an investigation of the case. This includes examining the regulations, laws, and the evidence used to make the original decision. This includes looking over the veteran's medical record and, if necessary lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence that it has examined.

The statement should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the laws and regulations affecting the case. It should address all claims made by the plaintiff in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date that the NOD was filed. However due to the VA backlog the agency might take longer to issue the document. Contact a veterans disability lawsuit disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about an assessment or claim for benefits.