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

The process of getting veterans disability benefits can be overwhelming. A good veterans disability lawyers disability attorney can assist you from start to finish.

It's important to find a lawyer who has a limit on their practice to disabilities and only handles those cases at each level of appeal. This will ensure you receive the best representation.

Appeals

When the VA refuses to approve a claim or fails to approve benefits, it allows the veteran or his spouse who is surviving to file an appeal. This is a complex and time-consuming process that can be complicated even by the most simple disability claims. A veteran disability lawyer can assist you in understanding all your options and get the benefits you deserve.

The most common reason people make an claim for disability is because they are not satisfied with their disability ratings. In this case, the lawyer can make sure that the evidence is in place to support a fair rating based upon a disabling condition that is caused or exacerbated by military service.

Another common reason for people to require a veteran disability lawyer is that they've waited for too long to receive benefits. The lawyer can help determine what documents are not available, and then make the request for these documents to the VA.

The help of a veterans disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This allows you to focus on your health and any other obligations you might have. Some lawyers are veterans disability legal themselves, and this can give them a unique level of compassion for their clients. They also create a deeper investment in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence presented in the original claim and make a new decision on the case. The senior reviewer may affirm or reverse the previous rating decision.

A veteran or their representative could arrange for an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. It is important to be prepared and explain your case in a clear manner at this meeting. An attorney who is specialized in veterans disability compensation disability can help you prepare and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the earlier reviewer in a disability claim, such as misinterpreting evidence or veterans disability lawyer making errors in the law. The senior reviewer may alter a prior decision on the same claim to correct these mistakes however only if the modifications are beneficial for the person filing the claim.

A hearing at a personal level can be scheduled for the applicant as a result of the review at a higher-level. This is an opportunity for the claimant to meet with the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can assist in determining whether or not it's necessary to request a personal hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to an assessment, you may file a notice of disagreement within one year of the date when the local office has sent you the original denial letter. The VA will review the claim again and create an Statement of the Case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you complete this form correctly to appeal the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, but it is advisable to be specific and help the VA determine what you think is wrong. Your attorney can help you determine what evidence to include with the NOD. This could include statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this point If you are denied, you can try again to review it by an experienced reviewer in the form of A Higher-Level Review. This could take up to 25 months, and it is important to have an attorney on with you every step of the process. If the VA continues to deny your claim, your lawyer could request that a hearing be conducted before an veterans disability litigation Law Judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries and conditions they have suffered during their time of service. The VA is a big bureaucracy and it's easy to get lost. A veteran disability attorney can assist in navigating the process and provide vital assistance to applicants.

The VA must review the case following the time the veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations and evidence used in the initial decision. This also includes looking at the medical records of the veterans and, if needed lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all evidence it has examined.

The statement should state clearly the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that impacted the case. It should address the allegations raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. If you are a veteran who is appealing a decision on your rating or claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.