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 guide you from beginning to end.

It's important that you find an attorney who only practices disability law and handles cases of this nature at all levels of appeal. This will ensure that you get the most effective representation.

Appeals

When the VA denies or does not consider a claim, the spouse of the deceased or veteran may appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability lawyers disability lawyer can help you understand the various options available and secure the benefits you deserve.

One of the main reasons people need to make a disability claim is because they are not happy with the disability rating they have received. In this situation an attorney can make sure that there is enough evidence to support a rating that is appropriate due to a condition caused or aggravated by military service.

A veterans disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents, and then submit the request for these documents to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to focus on your health, as well as any other obligations you have. Some lawyers are veterans, and this may result in an unmatched compassion for their clients. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence presented in the original claim, and make a new determination. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or their representative could arrange for an informal conference to discuss the matter with the senior reviewer. However only one conference is permitted. It is crucial to be prepared and present the facts of your case in a concise manner at this time. An attorney who specializes in the field of veterans disability can assist you prepare for and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For instance, if the earlier reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can alter the previous decision made on the same claim to rectify these errors however only if the modifications are beneficial for the claimant.

The higher-level review can also result in a hearing for the applicant, which is an opportunity to speak with those who are reviewing the claim and present their arguments. A veterans disability lawyer can assist with determining whether or not it is required to request a personal hearing, as well as with preparing and presenting the evidence during the hearing.

Notice of Disagreement

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

If you want to file a dispute for a disagreement, you should file VA Form 21-958. A disability lawyer can assist you complete this form correctly to appeal the decision. You don't have to list every reason that you disagree with the decision; however it is recommended to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can help you decide the evidence you should include in the NOD. These could be statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this point, you can have it re-examined by a senior judge through a Higher Level Review. This could take up to 25 months, and it is important to have your attorney by all the procedure. If the VA is unable to resolve your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are compensated for ailments, injuries and illnesses incurred during 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 help people navigate the system and provide the assistance they need.

The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes looking at the regulations, laws and evidence used to reach the original decision. Also, it involves looking over the medical records of the veterans and in the event of a need lay statements. The VA must send the claimant a Statement of Case that includes a list of all evidence it has reviewed.

This statement should explain clearly the reasoning behind the decision, and how it decided to interpret the laws and regulations that impacted the case. It should address the allegations made by the plaintiff 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. However, due to the VA backlog the agency might take longer to mail the document. If you are a veteran appealing the decision of a rating agency or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.