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

The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can help you navigate it from beginning to end.

It's crucial to find a lawyer who limits their law practice to disability cases, and only handles these cases at every stage of appeal. This ensures that you're receiving the best legal representation.

Appeal

If the VA denies a claim, or does not approve benefits, it gives the veteran or his spouse who survives to appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can assist you in understanding the various options available and help you get the benefits you deserve.

One of the main reasons people declare an claim for disability is because they are not happy with their disability rating. In this instance, a lawyer can make sure that there is sufficient evidence to back the proper rating for a condition that is caused or aggravated by military service.

A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can help determine what documents are missing, Veterans Disability Lawyer and then make the request for these documents to the VA.

A veterans disability lawsuits disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to focus on your health and any other responsibilities you may have. Some attorneys are veterans themselves and this can provide them a unique empathy for their clients and create a deeper investment in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence that was presented in the original claim and make a new determination. The senior reviewer may confirm or reverse the previous rating decision.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, but only one of these conferences is permitted. At this conference it is essential to prepare and present your case's information in a clear manner. An attorney with expertise in the field of veterans disability can assist you prepare for and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes by the reviewer who was earlier in the case of a disability claim which could include misinterpreting evidence or making errors in the law. The senior reviewer can alter the previous decision made on the same claim to fix these types of errors, but only if those changes are advantageous to the claimant.

A personal hearing may be scheduled for the applicant as a result of the review at a higher-level. This provides those seeking to be heard by the person who is reviewing their claim and present their arguments. A veterans disability lawyer can help determine whether or not it's required to request a personal hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached a decision, you can file a written notice of disagreement within one year from the date that the local office has sent you its original denial letter. The VA will review your claim again and create a Statement of the Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don't have to list every reason you disagree with the VA's decision but it is important to be specific in order to assist the VA understand what you think is wrong. Your attorney can assist you in deciding what evidence to include in the NOD. This could include statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can request that it be reviewed by a senior judge through an Higher Level Review. This process can take up to 25 months, and you should be with your attorney throughout the process. If the VA denies your claim, your lawyer can request an appointment with an 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 written extensive laws to ensure that veterans are compensated for their injuries, illnesses, and other conditions that they suffer during their service. The VA is a huge bureaucracy and it's easy for people to become lost. A veteran disability attorney can help you navigate the process and provide vital assistance to applicants.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the VA must conduct an investigation into the case. This involves examining the regulations, laws, and the evidence used to make the initial decision. This includes reviewing the veteran's medical record and when necessary, lay statements. The VA must provide the claimant with the Statement of Case that includes a list of evidence it has analyzed.

The statement should state clearly the reasoning behind its decision, including how it determined the law and regulations that affected the case. It should address all the claims made by the plaintiff in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date on which the NOD was filed. However, due to the VA backlog, the agency may take longer to issue this document. If you're a veteran who is appealing the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.