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

The process of applying for benefits from veterans disability may seem overwhelming. A qualified veterans disability lawyer can guide you from start to finish.

It's essential to choose an attorney who has experience in disability law and who handles these cases at all levels of appeal. This will ensure you receive the best representation.

Appeals

If the VA denies a claim, or fails to accept benefits, it permits the veteran or his spouse who survives to appeal. This is a complicated and lengthy process that can be complicated, even for the simplest disability claims. A veteran disability lawyer can assist you in understanding your options and get the benefits you deserve.

One of the main reasons people have to make an claim for disability is because they are unhappy with their disability ratings. In this case, the lawyer can ensure that the evidence is in place to support a valid rating based on a debilitating condition that was caused or worsened by military service.

A veterans disability lawyer may be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents and submit a request to the VA for the relevant records.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you the time to focus on your health and any other responsibilities you may have. Some attorneys are veterans and this can provide them a unique type of compassion for their clients. They also increase the stakes in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans can appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows a senior reviewer to look at the same evidence as was presented in the original claim and make an additional decision on the case. The senior reviewer may affirm or reverse the previous decision to rate.

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. In this meeting it is essential to prepare and present your case's facts clearly. An attorney for veterans can help you prepare and take part in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of the disability claim. For instance in the event that the previous reviewer misinterpreted evidence or committed errors in the law. Senior reviewers can correct these errors by changing the previous decision however only if it is in the claimant's best interest.

A personal hearing may be arranged for the claimant as a result of the review at a higher level. This provides the claimant to meet with the person who will be reviewing their claim and explain the arguments. A veterans disability law firm disability lawyer can help determine whether it's required to request a personal hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you can file a written notice of disagreement within one year from the date that the local office gives you its original denial letter. The VA will review your case once more and draft a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help to fill out the form in a manner that is effective in appealing the decision. You don't have to include every reason why you are not with the decision; however it is recommended to be specific so that the VA knows exactly what you believe to be wrong. Your attorney can provide guidance on the kind of evidence to include along with the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined again by a senior reviewer through an Higher Level Review. The process can take between 25 and 25 months and you should be in contact with your attorney throughout the process. If the VA rejects your claim, your attorney can request an appeal before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. The VA is a big bureaucracy and it's not difficult to get lost. A veteran disability lawyer can guide you through the process and provide much-needed assistance to claimants.

Once a veteran has filed a Notice of Disagreement with his local VA office, the VA must conduct a review of the case. This includes looking at the laws, regulations and evidence used in making the original decision. This includes reviewing the medical records of the veteran and when necessary lay statements. The VA must provide the claimant with the Statement of Case which includes a list of evidence that it has reviewed.

The statement should state in clear language the reasoning behind its decision, including 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 Veteran will receive the Statement of Case within 120 days of the date the NOD was received. Due to the VA backlog it may take longer for the agency to issue the document. If you're a veteran appealing a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.