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

The process of obtaining veterans disability benefits can be overwhelming. A good veterans disability attorney will guide you from beginning to end.

It's crucial to choose a lawyer who restricts their law practice to disability cases, and only handles these cases at every stage of appeal. This ensures that you're receiving the best representation.

Appeals

When the VA decides to deny or not accept a claim, the spouse or veterans the veteran who is surviving can appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. An attorney for veterans can help you understand your options and obtain the benefits you deserve.

One common reason that people are required to declare an claim for disability is because they are unhappy with their disability status. In this situation a lawyer can be sure that there is sufficient evidence to justify an appropriate rating based on a condition caused or made worse by military service.

Another common reason for people to require a veterans disability lawyer is that they've been waiting too long for benefits. The lawyer can help determine what documents are missing, and then make the request for these documents to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This allows you to focus on your health and other obligations that you may have. Certain attorneys are veterans and this can create an unmatched compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence provided in the original claim, and make a fresh determination. The senior reviewer can choose to either confirm or reverse the previous rating.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. At this conference it is crucial to prepare and veterans present your case facts in a concise manner. A veterans disability attorneys disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews can be used to correct mistakes by the earlier reviewer in a disability case which could include misinterpreting evidence or making errors in the law. The senior reviewer can alter the previous decision made on the same claim in order to rectify these mistakes but only if the changes are advantageous to the person filing the claim.

A personal hearing could be arranged for the claimant as a consequence of the higher-level review. This is an opportunity for the applicant to meet with the person reviewing their claim and explain the arguments. A lawyer for veterans can help determine whether or not it is necessary to request a personal hearing, and with preparing and presenting the evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year of the date the local office issued the initial denial letter. The VA will review the claim again and issue a Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist complete this form in a way that is effective in contesting the decision. You don't have to list every reason why you are not with the decision; however, it is better to be specific so that the VA knows exactly what you believe to be wrong. Your attorney can provide guidance on the evidence you should submit with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage You have a second chance to be reviewed by an experienced reviewer in form of an Higher-Level Review. This process could take up to about 25 months and you must be with your attorney throughout the process. If the VA denies your claim, your attorney can request an appeal before a Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check in the event that your claim is approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are compensated for their ailments, injuries and illnesses suffered during service. But the VA is a massive bureaucracy that is easy to get lost in the system. A veteran disability lawyer can help claimants navigate the system and provide the assistance they need.

If a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct an examination of the case. This includes looking into the laws, regulations and evidence used to make the initial decision. This includes looking over the medical records of the veteran as well as, if necessary, lay statements. The VA must provide the claimant with an Statement of Case that includes a list of evidence that it has examined.

The statement should outline in a clear manner the reasoning behind its decision, including how it interpreted the laws and regulations that affected the case. It should address the allegations made by the plaintiff in the 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, the agency may delay the release of the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is appealing a decision on an assessment or claim for benefit.