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

The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney can assist you from beginning to end.

It's essential to choose an attorney who handles disability law and these cases at all levels of appeal. This ensures you're receiving the best representation.

Appeal

When the VA denies a claim, or fails to approve benefits, it gives the veteran, or his or spouse who is surviving to file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

A common reason people submit a claim for disability is because they are unhappy with their disability rating. In this situation an attorney can make sure there is enough evidence to justify a rating that is appropriate in light of a condition that was caused or veterans Disability Attorney made worse by military service.

Another reason that people tend to require a veteran disability lawyer is because they have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and then make a request for these records to the VA.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you the time to concentrate on your health and any other obligations you might have. Some lawyers are veterans disability lawyers, and this may result in a unique empathy for their clients. 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 do not agree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence presented in the original claim, and then make a new decision. The senior reviewer can affirm or reverse the previous decision to rate.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, however, only one conference is allowed. It is essential to be prepared and provide your case in a concise manner at this meeting. A veterans disability attorney can help you prepare for and take part in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of a disability claim. For example in the event that the previous reviewer misinterpreted evidence, or made mistakes in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously, but only when it is in the claimant's best interest.

The more thorough review may lead to a personal hearing for the claimant which provides an opportunity to speak with the person reviewing the claim and present their arguments. A lawyer who is a veteran can assist in determining whether or not it is required to request a personal hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year of the date the local office issued the initial denial letter. The VA will review the claim once more and draft a Statement of Case.

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

If your appeal is rejected at this stage There is a second chance to have it reviewed by a senior reviewer in the form of A Higher-Level Review. The process can take between 25 and about 25 months and you must be in contact with your attorney throughout the process. If the VA is unable to resolve your claim, your lawyer may request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans disability lawyers are compensated for their injuries, illnesses and conditions suffered during service. But the VA is a huge bureaucracy that is easy to be lost within the system. A veteran disability lawyer can assist applicants navigate the system and offer much needed assistance.

The VA must review the case after a veteran has filed an official Notice of Dispute with the local VA office. This involves examining the laws, regulations and evidence used in the initial decision. This includes looking over the medical record of the veteran as well as at times, lay statements. The VA must provide the claimant with an official statement of the case which is a list of all evidence it examined.

This statement should be in plain language and explain the reasoning of the decision, which should include the interpretation of the laws and regulations that affect the case. It should address the claims made by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the statement. If you are a veteran attempting to appeal an appeal of a rating decision or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.