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

The process of submitting an application for veterans disability benefits may appear overwhelming. The right veterans disability attorney can assist you from beginning to end.

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

Appeals

If the VA decides to deny or not approve a claim, the veteran or the surviving spouse can appeal. This is a complicated and lengthy procedure that can be complicated even for the most basic disability claims. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

The most common reason people declare a disability claim is that they are unhappy with their disability status. In this case an attorney can make sure that there is sufficient evidence to support the proper rating for a condition that is caused or made worse by military service.

Another reason that people tend to seek out a veterans disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can help determine what documents are missing and then submit a request to the VA for the relevant records.

A lawyer for veterans can also ease the burden of dealing directly with the VA. This gives you the time to concentrate on your health and any other obligations you might have. Certain attorneys are veterans and this can create an innate empathy for their clients. 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 senior reviewers to look at the same evidence as was presented in the original claim and make a new decision on the case. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. For this meeting it is important to prepare and present your case's information in a clear manner. A veterans disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the earlier reviewer in a disability case which could include misinterpreting evidence or making errors in the law. The senior reviewer is able to alter an earlier decision regarding the same claim to fix these types of mistakes but only if the changes are beneficial to the person filing the claim.

A personal hearing could be scheduled for the applicant as a result of the review at a higher-level. This is a chance for the applicant to meet with the person who is reviewing their claim and explain the arguments. A veteran disability lawyer can help determine whether or not the need for a personal hearing is justified, as well as prepare and present the evidence for the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued an assessment, you may file a notice of disagreement within one year of the date the local office sends you the original denial notice. The VA will review the case again and create an Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you complete the form correctly so that it is effective in appealing the decision. You don't need to list every reason why you disagree with the decision; however it is best to be specific so that the VA knows exactly what you believe to be incorrect. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals, or results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior judge through a Higher Level Review. This could take anywhere from 25 months, and you must have your lawyer by your side every step of the process. If the VA denies your claim your attorney can request an appointment with a veterans disability lawsuit Law judge to present testimony and other evidence in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for their injuries, illnesses, and other conditions incurred during service. The VA is a massive bureaucracy, and it's easy to get lost. A veteran disability lawyer can assist applicants navigate the system and provide the assistance they need.

If a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct an investigation into the case. This involves examining the laws, regulations and evidence used to reach the original decision. This includes looking over the medical records of the veteran and, if necessary lay statements. The VA must provide the claimant with the Statement of Case that includes a list of evidence it has analyzed.

This statement should explain in a clear manner the reasoning behind its decision, and how it decided to interpret the laws and regulations that impacted the case. It should address all assertions made by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the statement. 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 benefits.