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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can guide you from start to finish.

It is essential to choose an attorney who practices disability law and handles these cases at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

If the VA denies a claim or fails to allow benefits to be approved, it allows the veteran or his or spouse who is surviving to appeal. This is a complicated and lengthy process that could be complicated, even for the most simple disability claims. A veteran disability lawyer can assist you in understanding the various options available and get the benefits you deserve.

A common reason why people need to declare a disability claim is because they are not content with their disability status. In this situation, the lawyer can make sure that the evidence is sufficient to support a fair rating based on a disability condition caused by or aggravated by military service.

Another common reason for people to require a veterans disability lawyer is that they have been waiting for too long to receive benefits. The lawyer can assist in determining what documents are missing, and then make the request for these documents to the VA.

The help of a veterans disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will let you focus on your health and other obligations you might have. Certain attorneys are veterans disability lawyers and this can result in a unique empathy for their clients. This could make a significant difference in the result 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 the senior reviewer to examine the same evidence presented in the original claim and then make a new decision on the case. The senior reviewer can affirm or reverse the previous rating decision.

A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However only one conference is permitted. In this meeting, it is important to prepare and present your case's information clearly. An attorney that specializes in veterans disability can help you prepare and participate in the informal conference.

Higher-level reviews are often used to correct mistakes made by the earlier reviewer in a disability claim which could include mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct the errors by changing a previous decision but only if it is in the best interest of the claimant.

The more thorough review may result in a hearing for the claimant which provides an opportunity to meet with those who are reviewing the claim and present their arguments. A veterans disability lawyer can assist in determining whether a personal hearing is needed and also prepare and present evidence at the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office mailed you the initial denial letter. The VA will review your case once more and draft a Statement of the Case.

In order to file a disagreement, you should use VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't need to list every reason you don't agree with the decision. However, it is better to be specific so that the VA is aware of what you believe is incorrect. Your attorney can help you decide which evidence to include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this point, you can have it re-examined again by a senior reviewer through an Higher Level Review. This can take up to 25 months, and Veterans Disability it is important to have your attorney by your side throughout the process. If the VA denies your claim, your lawyer may request an appointment with a Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries and conditions they've endured during their time of service. But the VA is a huge bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist applicants navigate the system and offer the assistance they need.

The VA must review the case following the time a veteran has filed an Notice of Dispute at the local VA office. This involves examining the regulations, laws, and the evidence used to make the original decision. This also includes looking at the medical records of the veteran as well as when necessary, lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all evidence that it has reviewed.

The statement should be written in plain language and provide the reasoning behind the decision, including the interpretation of the law and regulations which affect the case. It should address any claims that the claimant has made in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date that the NOD was filed. However, due to the VA backlog it could take longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision over a rating or a claim for benefits.