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

The process of getting veterans disability benefits can be a challenge. A qualified veterans disability lawyer will guide you from start to finish.

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

Appeal

If the VA refuses or fails to accept a claim, the spouse of the deceased can file an appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

One of the main reasons people need to file an claim for disability is because they are not content with their disability rating. In this situation lawyers can make sure that there is enough evidence to support the appropriate rating based on a condition that is caused or worsened by military service.

A veterans disability lawyer may be needed by those who have waited too long to get their benefits. The lawyer can help determine what documents are not available, 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 allows you to focus on your health and other obligations you might have. Some lawyers are veterans which can give them an innate empathy for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that allows the senior reviewer to look at the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer has the option to either affirm or reverse the previous rating.

A veteran or their representative may ask for an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is allowed. For this meeting it is important to prepare and present your case facts in a concise manner. A veterans disability lawsuit disability attorney can assist you in preparing and take part in the informal conference.

Higher-level reviews are typically used to correct mistakes by the earlier reviewer in the case of a disability claim for example, mistakenly interpreting evidence or committing errors in the law. The senior reviewer is able to alter an earlier decision on the same claim to correct these mistakes but only if the changes are advantageous to the applicant.

A personal hearing may be arranged for the claimant in the wake of the higher-level review. This gives the claimant to meet the person who is reviewing their case and present their arguments. A veterans disability lawyer, Mspeech.kr, can help determine whether or not it is required to request a personal hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you can file a written notice of disagreement within one year of the date the local office gives you the original denial notice. The VA will examine your claim again and create a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to list every reason why you are not with the decision. However it is recommended to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can help you determine what evidence to include in the NOD. This could include statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can request that it be reviewed by a senior judge through a Higher Level Review. This process could take as long as up to 25 months, and you should be with your attorney throughout the process. If the VA is unable to resolve your claim, your lawyer can 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 when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure that veterans disability attorneys receive compensation for illnesses, injuries, and other ailments they've suffered during their service. The VA is a huge bureaucracy and it's not difficult to get lost. A veteran disability lawyer can guide you through the process and provide crucial assistance for claimants.

Once a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct an investigation of the case. This includes reviewing the laws, regulations and the evidence used in the original decision. This includes reviewing the veteran's medical record and, if necessary, lay statements. The VA must provide the applicant with an Statement of Case which contains a list of evidence that it has examined.

The statement should outline clearly the reasoning behind its decision, and how it determined the law and regulations that affected the case. It should address any claims that the claimant has made in his or her 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 the agency might delay the release of 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.