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

The process of applying for veterans disability benefits can be overwhelming. The right veterans disability lawyers disability attorney can help you navigate it from beginning to end.

It is essential to choose a lawyer who restricts their law practice to disability cases, and only handles those cases at each level of appeal. This ensures you're getting the best representation.

Appeals

When the VA denies a claim or fails to allow benefits to be approved, it allows the veteran or his or spouse who is surviving to appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

One common reason that people make a disability claim is that they are not happy with their disability rating. In this situation, the lawyer can ensure that all the evidence is in place to support an appropriate rating based on a disabling condition caused or exacerbated by military service.

A lawyer for veterans may be required by those who have had to wait too long for their benefits. The lawyer can help determine what documents are not available, and then submit an inquiry for these records to the VA.

A veteran disability lawyer can also take away the burden of dealing directly with the VA. This will let you focus on your health and other responsibilities that you may have. Some lawyers are veterans themselves and this can provide them a unique compassion for their clients and make them more invested in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence provided in the original claim, and make a fresh decision. The senior reviewer can confirm or reverse the previous rating decision.

A veteran or their representative could request an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. For this meeting it is crucial to prepare and present your case's information in a clear manner. A veterans disability attorney can assist you in preparing and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of an appeal for disability. For example when the previous reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer can alter the previous decision made on the same claim in order to correct these mistakes but only if the changes are beneficial to the claimant.

A personal hearing can also be arranged for the applicant as a result of the higher-level review. This provides the claimant to meet with the person who is reviewing their case and to present their case. A veterans disability lawyer can assist in determining whether or not an individual hearing is necessary and can also prepare and present the evidence during 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 claim once more and draft a Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. It is not necessary to list every reason why you disagree with the decision; however it is recommended to be specific so that the VA knows exactly what you believe is incorrect. Your attorney can help you about the type of evidence you can submit along with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed by a senior judge through an Higher Level Review. This could take up to 25 months, and it is important to have an attorney on all the way. If the VA refuses to accept your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for injuries, illnesses and conditions they've endured during their time of service. The VA is a huge bureaucracy and it's easy for people to be lost. A veteran disability lawyer can help people navigate the system and provide the needed assistance.

When a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct an investigation of the case. This involves examining the regulations, laws, and evidence used in the initial decision. It also includes examining the veteran's medical records and in the event of a need, lay statements. The VA must send the claimant a Statement of Case which is a list of all evidence that it has studied.

The statement should be written in plain language and provide the reasoning behind the decision, including the interpretation of the laws and regulations relevant to the case. It should address the allegations made by the claimant in his or her 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 might delay the release of the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about the amount of your rating or a claim for benefits.