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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. A veterans disability lawyer can guide you through the procedure.

It's essential to find a lawyer who has a limit on their law practice to disability cases and exclusively handles those cases at every level of appeal. This ensures you're getting the best representation.

Appeal

When the VA refuses or fails to approve a claim, the spouse of the deceased or veteran can appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. A veteran disability lawyer can help you understand your options and ensure you receive the benefits you deserve.

A common reason why people declare a disability claim is that they are not satisfied with their disability rating. In this case, a lawyer can make sure that the evidence is in place to support a fair rating based on a debilitating condition that is caused or exacerbated by military service.

A veterans disability lawyer could be required by those who have had to wait too long for their benefits. The lawyer can help determine what documents are missing and then make the request for these documents to the VA.

The help of a veterans disability lawyer can help you deal with the VA away from your shoulders. This will allow you the time to concentrate on your health and any other obligations you might have. Some lawyers are veterans disability law firms themselves and this can provide them a unique level of empathy with 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 recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence provided in the original claim and make a fresh decision. The senior reviewer can choose to either affirm or reverse the previous rating.

A veteran or their agent may arrange for an informal conference to discuss the case with the senior reviewer. However, only one conference is allowed. It is crucial to be prepared and be able to present your case in a clear manner at this time. An attorney with expertise in the field of disability for veterans can help you prepare and participate at the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of a disability claim. For example in the event that the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to correct these mistakes, but only if those changes are beneficial to the applicant.

A hearing at a personal level can be scheduled for the applicant as a result of the higher-level review. This gives the claimant to meet with the person who is reviewing their claim and explain the arguments. A veterans disability lawyer can help decide whether or not a personal hearing is needed, as well as prepare and present evidence for the hearing.

Notice of Disagreement

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

You should use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you complete the form correctly to ensure it is effective in appealing the decision. It is not necessary to list every reason you disagree with the VA's decision, but it is important to be specific and help the VA determine what you think is wrong. Your attorney can help you about the type of evidence you can submit in the NOD for example, 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 form of a Higher-Level Review. This could take up to 25 months, and it is important to have your attorney at your side every step of the process. If the VA still denies your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to ensure veterans receive compensation for illnesses, injuries, and conditions they've endured during their service. However the VA is a massive bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can assist in navigating the process and provide vital assistance for applicants.

The VA must examine the case once the veteran has filed a Notice of Dispute with the local VA office. This includes reviewing the laws, regulations, and evidence used in the initial decision. This includes looking over the veteran's medical record and when necessary lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence that it has reviewed.

This statement should be in plain language and provide the reasoning behind the decision, as well as the interpretation of the law and regulations affecting the case. It should address all the claims made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was sent. However, due to the VA backlog, the agency may delay the release of this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over the amount of your rating or a claim for benefits.