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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney will guide you from start to finish.

It is essential to locate a lawyer that limits their law practice to disabilities and only handles these cases at each level of appeal. This will ensure that you're getting the best representation.

Appeals

When the VA refuses to approve a claim or does not approve benefits, it allows the veteran or his or her surviving spouse to file an appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and get the benefits you deserve.

The most common reason for people to declare a disability claim is because they are unhappy with their disability status. In this situation, the lawyer can ensure that the evidence is there to support a fair rating based on a disabling condition caused by or aggravated by military service.

A veterans disability lawyer could be needed by those who have not received their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for the relevant records.

A lawyer for veterans can also relieve you of the burden of dealing directly with the VA. This gives you the time to concentrate on your health and any other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique level of compassion for their clients and give them a greater stake in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence that was presented in the original claim and then make an additional decision regarding the case. The senior reviewer can choose to either affirm or reverse the previous rating.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, but only one such meeting is permitted. It is important to be prepared and provide your case in a clear manner during this meeting. A veterans disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews are often used to correct mistakes made by the reviewer who was earlier in the case of a disability claim, such as not interpreting evidence correctly or making mistakes in the law. The senior reviewer may alter a prior decision on the same claim in order to correct these kinds of errors however only if those modifications are beneficial to the claimant.

The more thorough review may result in a hearing for the claimant which provides an opportunity to talk to the person reviewing the claim, and explain the arguments. A veterans disability lawyer can assist with determining whether or not it is necessary to request a personal hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the date the local office received the initial denial letter. The VA will then review your case 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 complete this form in a way that 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 can understand exactly what you believe is incorrect. Your attorney can guide you about the type of evidence you can submit along with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point You have a second chance to review it by an experienced reviewer in the form of A Higher-Level Review. It could take as long as 25 months, and you should have an attorney on 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 evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for their injuries, illnesses and other ailments that they suffer during their service. However the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability attorney can help you navigate the process and provide crucial assistance for those seeking assistance.

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the agency must conduct a review of the case. This includes looking into the laws, regulations and the evidence used in the initial decision. This includes looking over the medical records of the veteran as well as at times lay statements. The VA must provide the applicant with a Statement of Case, that includes a list of evidence that it has reviewed.

The statement should state in clear language the reasoning behind the decision, as well as how it interprets the laws and regulations that affected the case. It should address the allegations raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was received. Due to the VA backlog, it might take the agency longer to issue the document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.