공지사항

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

The process of getting veterans disability benefits can be a challenge. A good veterans disability attorney can assist you from beginning to end.

It is essential to locate an attorney who practices disability law and handles cases of this nature at all levels of appeal. This will ensure that you get the best legal representation.

Appeal

If the VA denies or does not approve a claim, either the veteran or the surviving spouse may appeal. This is a complicated and lengthy process that could be complicated, even for the most basic disability claims. A veteran disability lawyer can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason people file a claim for disability is because they are dissatisfied with their disability status. In this situation a lawyer can be sure that there is enough evidence to support an appropriate rating based on a condition that is caused or worsened by military service.

Another common reason for people to seek out a veterans disability lawyer is because they've been waiting for too long to receive benefits. The lawyer can help determine what documents are missing and then submit an inquiry for these records to the VA.

The help of a veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This will allow you the time to focus on your health, as well as any other obligations you might have. Some lawyers are veterans themselves which can give them a unique empathy with their clients and increase the stakes in their cases. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able 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 that was presented in the original claim and make a fresh determination. The senior reviewer can either affirm or reverse the previous rating decision.

The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, but only one such conference is allowed. It is crucial to be prepared and explain your case in a concise way at this conference. An attorney who specializes in veterans disability can help to prepare and take part in the informal conference.

Higher-level reviews can be utilized to correct errors made by the reviewer who was earlier in the case of a disability claim, such as misinterpreting evidence or making errors in the law. Senior reviewers can correct these mistakes by changing the previous decision, but only when it is beneficial to the claimant's interests.

A hearing at a personal level can be scheduled for the claimant as a consequence of the higher-level review. This is an opportunity for the claimant to meet the person reviewing their claim and to present their case. A veterans disability lawyer can help you determine whether or not it's necessary to request a private hearing, veterans disability lawyer as well as with preparing 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 review the case again and issue a Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You do not have to list every reason you do not agree with the VA's decision, but it is best to be specific in order to help the VA understand what you think is wrong. Your attorney can help you decide what evidence to include with the NOD. This could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can request that it be reviewed again by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you should have your attorney at all the way. If the VA rejects your claim, your attorney can request an appeal before an veterans disability compensation Law judge to present evidence and testimony in person. Your attorney will draft your check in the event that your claim is approved.

Statement of the Case

Congress has passed a variety of laws to ensure that 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 to be lost. A veteran disability lawyer can assist people navigate the system and offer the much-needed assistance.

The VA must review the case following the time a veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the laws, regulations and the evidence used to make the initial decision. This also includes looking at the veteran's medical records and, if needed, lay statements. The VA must send the claimant an official statement of the case that includes a list of all evidence it has studied.

The statement should be in plain English and should explain the reasoning behind the decision, including the interpretation of the laws and regulations relevant to the case. It should address the claims raised 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 filed. However due to the VA backlog it could take longer to mail the document. If you're a veteran appealing an appeal of a rating decision or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.