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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 a challenge. A qualified veterans disability lawyer can assist you from beginning to end.

It's essential to find an attorney that only practices disability law and handles these cases at all levels of appeal. This will ensure that you get the best representation.

Appeals

When the VA denies a claim or does not allow benefits to be approved, it allows the veteran or or her surviving spouse to appeal. This is a complicated and lengthy procedure that can be complicated even for the most simple disability claims. A veterans disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.

One common reason that people are required to declare a disability claim is because they are not content with their disability ratings. In this instance, the lawyer can make sure that the evidence is there to support a fair rating based upon a disabling condition caused or exacerbated by military service.

A lawyer for veterans disability law firms may be needed by people who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing, and veterans disability then make an inquiry 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 focus on your health and any other responsibilities you may have. Some attorneys are veterans and this can provide them a unique level of empathy for their clients and create a deeper investment 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 decision if they disagree. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence that was presented in the original claim and make a new decision on the case. The senior reviewer is able to affirm or reverse the previous rating decision.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, but only one conference is allowed. It is essential to be prepared and present your case in a clear manner at this meeting. An attorney with expertise in the field of veterans disability can assist you prepare and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of an appeal for disability. For Veterans Disability instance when the previous reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer is able to alter the previous decision made on the same claim in order to rectify these errors, but only if those modifications are beneficial for the person filing the claim.

The higher-level review could result in a hearing for the claimant, which gives the claimant an opportunity to speak with the person who will be reviewing the claim and present their arguments. A veterans disability lawyer can help you determine whether it is required to request a personal hearing, and with creating and presenting 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 your claim again and issue an official statement of the case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help complete this form in a way that is effective in appealing the decision. You do not have to list all the reasons you disagree with the VA's decision, but it is best to be specific in order to assist the VA know what you believe is wrong. Your attorney can advise you on what evidence to submit with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it reviewed by a senior judge through an Higher Level Review. This could take up to 25 months, and you should have your lawyer by all the process. If the VA continues to deny your claim, your lawyer can request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for injuries, illnesses and conditions incurred during service. But, the VA is a huge bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can assist applicants navigate the system and provide the much-needed assistance.

The VA must examine the case once the veteran has filed an Notice of Dispute at the local VA office. 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 applicant with an official statement of case which includes a list with evidence that it has examined.

This statement should explain in clear language the reasoning behind the decision, including how it interpreted the laws and regulations that affected the case. It should address the issues raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. However due to the VA backlog it could take longer to issue this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on the basis of a rating or a claim for benefits.