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

The process of obtaining veterans disability law firm disability benefits can be a challenge. The right veterans disability attorney can assist you from start to finish.

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

Appeals

If the VA refuses to approve a claim or fails to allow benefits to be approved, it allows the veteran or his or spouse who is surviving to file an appeal. This is a lengthy and lengthy process that can be complicated even with the simplest disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason people have to file an application for disability benefits is that they are not happy with the disability rating they have received. In this case an attorney can make sure there is enough evidence to support the proper rating based on a condition caused or made worse by military service.

Another reason that people tend to require a veterans disability lawyer is because they've been waiting too long for benefits. The lawyer can help determine what documents are missing, and then submit the request for these documents to the VA.

A veterans disability attorneys disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This will give you time to concentrate on your health, and any other responsibilities you may have. Some attorneys are veterans themselves which can give them a unique type of empathy with their clients and give them a greater stake in their cases. 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 option is a decision-review process that allows an experienced reviewer to examine the same evidence that was presented in the original claim and make a fresh decision. The senior reviewer is able to either affirm or reverse the previous rating.

A veteran or their representative can ask for an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is permitted. It is important to be prepared and provide the facts of your case in a clear manner at this meeting. A veterans disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes made by the previous reviewer in the case of a disability claim that result in failing to interpret evidence or making mistakes in the law. Senior reviewers can correct the errors by reversing a previous decision however only if it is beneficial to the claimant's interests.

A personal hearing could be arranged for the claimant as a result of the review at a higher level. This is an opportunity for the claimant to meet the person who is reviewing their case and to present their case. A veterans disability attorney can help determine whether a personal hearing is needed and can also prepare and present evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you can file a written notice of disagreement within one year of the date that the local office sends you the original denial notice. The VA will review your claim again and issue an official statement of the case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability attorney can help to fill out the form in a way that is effective in appealing the decision. You don't have to list all the reasons you disagree with the VA's decision, but it is best to be specific in order to help the VA know what you believe is wrong. Your attorney can guide you about the type of evidence you can submit in the NOD including statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this stage, then you can ask to have it reviewed by a senior judge through an Higher Level Review. This can take up to 25 months, and it is important to have your attorney by your side every step of the way. If the VA refuses to accept your claim, your attorney can request a hearing before an Veterans Law judge to present testimony and other evidence in person. If your claim is awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for injuries, illnesses and conditions they've endured during their service. The VA is a huge bureaucracy and it's easy for people to become lost. A veteran disability attorney can help navigate the process and provide crucial assistance to those seeking assistance.

Once a veteran has filed a Notice of Disagreement to his or local VA office, the VA must conduct a review of the case. This includes examining the laws, regulations and evidence used to make the original decision. It also involves examining the medical records of the veteran as well as in the event of a need lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence that it has studied.

This statement should describe in plain language the reasoning behind its decision, including how it interpreted the laws and regulations that affected the case. It should address the issues made by the claimant in the NOD.

The Statement of the Case is usually sent to the veteran 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're a veteran who is appealing an appeal of a rating decision or claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.