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

The process of obtaining veterans disability benefits can be overwhelming. The right attorney for veterans will guide you from beginning to end.

It's crucial to find a lawyer who has a limit on their law practice to disability cases and only handles these cases at each level of appeal. This will ensure that you get the most effective representation.

Appeal

When the VA rejects a claim or fails to allow benefits to be approved, it allows the veteran or or the spouse who died to file an appeal. Even the most basic disability claims could make this a complicated and lengthy procedure. A veterans disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason people need to submit a disability claim is that they are unhappy with their disability rating. In this case, the lawyer can ensure that the evidence is sufficient to support a fair rating based on a disability condition caused by or aggravated by military service.

Another reason for people to seek out a veterans disability lawyer is because they've waited too long to receive their benefits. The lawyer can help determine the missing documents, and then submit an inquiry for these records to the VA.

A veteran disability lawyer can alleviate the burden of dealing with the VA away from you. This allows you to concentrate on your health and any other responsibilities that you may have. Certain attorneys are veterans themselves which can give them a unique type of empathy with their clients and increase the stakes in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence as was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer is able to confirm or reverse the previous decision to rate.

A veteran or their representative could arrange for an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. For this meeting it is essential to prepare and present your case's facts in a clear manner. An attorney that specializes in veterans ' disability can help to prepare and take part in the informal conference.

Higher-level reviews are often utilized to correct errors made by the previous reviewer in the case of a disability claim that result in not interpreting evidence correctly or making mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim to correct these kinds of mistakes however only if the changes are beneficial to the claimant.

A personal hearing may be scheduled for the claimant as a consequence of the higher-level review. This is an opportunity for the claimant to meet with the person reviewing their claim and discuss their arguments. A lawyer for veterans can assist in determining whether it is required to request a personal hearing, as well as with preparation and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you can submit a notice of disagreement within one year of the date that the local office mails you the initial denial letter. The VA will then review your claim again and prepare a Statement of Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. An attorney for veterans disability law firm disabled people can help you fill out this form correctly to ensure it is effective in contesting the decision. You don't need to list every reason why you are not with the decision. However it is recommended to be specific in order that the VA is aware of what you believe to be wrong. Your attorney can provide guidance on the evidence you should submit along with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed by a senior judge through an Higher Level Review. The process can take between 25 and up to 25 months, and you should be in contact with your lawyer at all times. If the VA denies your claim, your lawyer may request a hearing before an veterans disability law firm Law judge to present testimony and other evidence in person. If your claim is awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans Disability Law firm receive compensation for illnesses, injuries and conditions they have suffered during their service. The VA is a big bureaucracy and it's easy to be lost. A veteran disability attorney can assist in navigating the process and offer much-needed assistance to those who are seeking benefits.

Once a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct an examination of the case. This includes reviewing the regulations, laws, and the evidence used in the original decision. Also, it involves looking over the medical records of the veteran as well as, if needed, lay statements. The VA must provide the claimant with the Statement of Case which includes a list of evidence that it has examined.

The statement should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the laws and regulations which affect the case. It should address the issues raised by the claimant in the NOD.

The Statement of the Case is typically 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're a veteran seeking to appeal a rating decision or a claim for benefits, you should contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.