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

The process of submitting an application for veterans disability lawyers disability benefits can appear overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.

It's important to choose a lawyer who restricts their law practice to disability cases, and only handles those cases at every level of appeal. This helps ensure you'll be receiving the best representation.

Appeal

If the VA denies or does not approve a claim, the spouse of the deceased or veteran can file an appeal. This is a complex and lengthy process that could be complicated even with the simplest disability claims. A veterans disability lawyer can assist you in understanding all your options and obtain the benefits you deserve.

The most common reason people declare an claim for disability is because they are not satisfied with their disability rating. In this case lawyers can make sure that there is sufficient evidence to back the appropriate rating due to a condition caused or aggravated by military service.

A veterans disability lawyer may be required by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA to obtain those documents.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you to concentrate on your health and other obligations you have. Certain attorneys are veterans themselves which can give them a unique type of empathy for their clients and make them more invested 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 do not agree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence provided in the original claim and make a fresh decision. The senior reviewer has the choice to either affirm or reverse the previous rating.

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

The higher-level review is usually used to correct mistakes made by the previous reviewer of an appeal for disability. For example, if the earlier reviewer misinterpreted evidence or made errors in the law. The senior reviewer can alter the previous decision made on the same claim in order to correct these errors but only if the modifications are beneficial to the person filing the claim.

A personal hearing may be scheduled for the claimant as a result of the higher-level review. This provides the claimant to meet with the person who is reviewing their claim and explain the arguments. A veterans disability lawyer can help determine whether it is necessary to request a private hearing, as well as making and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year of the date the local office issued the original denial letter. The VA will review your case again and issue an official statement of the case.

To file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't need to list every reason that you disagree with the decision. However it is best to be specific so that the VA understands what exactly you believe is incorrect. Your attorney can guide you on the kind of evidence to include to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage, you have another chance to review it by a senior veterans disability lawyer reviewer in form of an Higher-Level Review. This process can take about 25 months and you must be in contact with your attorney throughout the process. If the VA rejects your claim, your lawyer can request an appeal before a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for injuries, illnesses and other ailments suffered during service. The VA is a massive bureaucracy and it's easy to become lost. A veteran disability lawyer can help those seeking assistance navigate the system and offer much needed assistance.

Once a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct an investigation of the case. This includes looking at the laws, regulations and the evidence used to make the original decision. This includes reviewing the medical records of the veteran and at times, lay statements. The VA must provide the claimant with an official statement of case that includes a list of evidence that it has examined.

The statement should be written in plain English and should explain the reasoning for the decision, including the interpretation of the regulations and laws that affect the case. It should address all the assertions made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was sent. Due to the VA backlog it may take the agency longer to issue the statement. If you are a veteran who is appealing a decision on your rating or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.