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

The process of submitting an application for benefits from veterans disability may seem overwhelming. A qualified veterans disability lawyer will guide you from beginning to end.

It's important to find a lawyer who limits their practice to disability cases, and only handles those cases at every level of appeal. This ensures you're getting the best representation.

Appeal

When the VA rejects or doesn't consider a claim, the veteran or the surviving spouse can file an appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding the options available to you and secure the benefits you deserve.

The most common reason people are required to submit a disability claim is that they are unhappy with their disability status. In this case a lawyer can be sure that there is sufficient evidence to justify the appropriate rating for a condition that is caused or aggravated by military service.

A veteran disability lawyer might be needed by those who have waited too long to get their benefits. The lawyer can assist in determining the missing documents and submit a request the VA for those records.

A lawyer for veterans' disability can also ease the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, as well as any other obligations you have. Some lawyers are veterans themselves and this gives them a unique level of compassion for their clients. They also give them a greater stake in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence as was presented in the original claim and then make an additional decision on the case. The senior reviewer can either affirm or reverse the previous rating decision.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, but only one conference is permitted. It is important to be prepared and provide the facts of your case in a concise manner at this meeting. An attorney with expertise in veterans ' disability can help you prepare for and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of an appeal for disability. For instance in the event that the previous reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer can change the previous decision made on the same claim to correct these errors but only if the changes are beneficial to the applicant.

The higher-level review could result in a hearing for the applicant, which gives the claimant an opportunity to connect with those who are reviewing the claim and to explain the arguments. A veterans disability lawyer can help decide whether or not a personal hearing is needed and prepare and present the evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office mailed you the initial denial letter. The VA will review your case again and issue a Statement of Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form correctly to ensure it is effective in appealing the decision. It is not necessary to list every reason why you disagree with the decision; however, it is better to be specific in order that the VA knows exactly what you believe to be wrong. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is not granted at this point You have a second chance to review it by a senior reviewer in the form of a Higher-Level Review. It could take as long as 25 months, and it is important to have your lawyer by your side every step of the process. If the VA refuses to accept your claim, your attorney may request an appointment with an Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check in the event that your claim is approved.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses and other ailments suffered during service. The VA is a big bureaucracy, and it's easy to get lost. A veteran disability attorney can guide you through the process and provide crucial assistance to those who are seeking benefits.

The VA must review the case following the time the veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the laws, regulations, and the evidence used to make the original decision. This includes looking over the medical records of the veteran and in the event of a need, lay statements. The VA must send the claimant an official statement of the case which includes a listing of all evidence it has looked over.

The declaration should be written in plain English and should explain the reasoning behind the decision, as well as the interpretation of the law and regulations which affect the case. It should address all the contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was sent. Due to the VA backlog it may take longer for the agency to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding the basis of a rating or a claim for benefit.