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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 appear overwhelming. The right veterans disability attorney can guide you from beginning to end.

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

Appeals

When the VA rejects or doesn't accept a claim, the spouse of the deceased or veteran can file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason for people to file a claim for disability is that they are unhappy with their disability rating. In this instance a lawyer can be sure that there is enough evidence to justify an appropriate rating due to a condition caused or made worse by military service.

A veterans disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for the relevant records.

A veteran disability lawyer can also take away the burden of dealing directly with the VA. This gives you the time to concentrate on your health, and any other responsibilities you may have. Some attorneys are veterans, and this may result in an innate empathy for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence that was presented in the original claim and make a new determination. The senior reviewer can either affirm or reverse the previous decision to rate.

A veteran or their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is allowed. At this conference it is essential to prepare and present your case facts clearly. A veterans disability attorney can help you prepare for and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For example when the previous reviewer misinterpreted evidence, or made errors in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision however only if it is in the best interests of the claimant.

The more thorough review may result in a private hearing for the applicant, which provides an opportunity to speak with the person who is reviewing the claim, and explain their arguments. A veteran disability attorney can help determine whether or not an individual hearing is necessary and prepare and present the evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office sent you the original denial letter. The VA will then review your claim again and create an Statement of the Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. It is not necessary to list every reason you don't agree with the decision; however it is best to be specific so that the VA can understand exactly what you believe to be incorrect. Your attorney can assist you in deciding 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 accepted at this stage, then you can ask to have it reviewed again by a senior reviewer through a Higher Level Review. This process could take as long as up to 25 months, and you should be with your attorney throughout the process. If the VA rejects your claim, your lawyer may request a hearing before a Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to make sure that veterans are compensated for their injuries, illnesses and conditions caused by their service. However, the VA is a huge bureaucracy that is easy to get lost in the maze of regulations. A veteran disability lawyer can assist in navigating the process and provide much-needed assistance to those seeking assistance.

Once a veteran has filed a Notice of Disagreement with his or local VA office, the VA must conduct an examination of the case. This involves examining the laws, regulations, and the evidence used in the initial decision. It also includes examining the medical records of the veterans and, if needed, lay statements. The VA must provide the applicant with an official statement of case which includes a list of evidence it has analyzed.

The statement should outline clearly the reasoning behind its decision, including how it interprets the laws and regulations that affected the case. It should address all assertions made by the claimant in the 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 the agency longer to issue the statement. If you're a veteran attempting to appeal a decision on your rating or claim for benefits, get in touch with a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.