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

The process of obtaining veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It is essential to locate an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure that you're receiving the best legal representation.

Appeal

If the VA refuses or fails to consider a claim, the veteran or the surviving spouse can appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. An attorney for veterans can help you understand your options and help you get the benefits you deserve.

The most common reason people need to make a disability claim is that they are not satisfied with their disability ratings. In this case, the lawyer can make sure that all the evidence is in place to support a fair rating based upon a disabling condition caused by or aggravated by military service.

Another reason that people tend to require a veteran disability lawyer is because they've waited too long to get their benefits. The lawyer can assist in determining what documents are missing, and then submit the request for these documents to the VA.

A veterans disability attorney can also help you deal with the VA away from your shoulders. This gives you the time to focus on your health and any other obligations you have. Some lawyers are veterans themselves and this gives them a unique level of compassion for their clients and increase the stakes in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence provided in the original claim, and then make a new decision. The senior reviewer can confirm or reverse the previous decision to rate.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, however, only one of these conferences is allowed. It is important to be prepared and be able to present the facts of your case in a concise manner during this meeting. An attorney who specializes in veterans disability can help to prepare and take part in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of the disability claim. For instance an earlier reviewer misinterpreted evidence or made errors in the law. The senior reviewer can alter an earlier decision regarding the same claim in order to rectify these mistakes however only if those changes are beneficial to the claimant.

A hearing at a personal level can be scheduled for the claimant in the wake of the review at a higher-level. This gives those seeking to be heard by the person who is reviewing their case and discuss their arguments. A veterans disability lawyer can assist in determining whether the need for a personal hearing is justified and also prepare and present evidence during the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached an assessment, you may make a formal notice of disagreement within one year of the date on which the local office gives you its original denial letter. The VA will examine your claim once more and prepare a Statement of the Case.

To file a disagreement with the VA, veterans disability attorney you should fill out VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. It is not necessary to list every reason why you disagree with the decision; however it is best to be specific so that the VA knows exactly what you believe to be wrong. Your attorney can help you decide what evidence to include with the NOD. These could be statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage, then you can ask to have it reviewed by a senior judge through an Higher Level Review. The process can take between 25 and about 25 months and you must be in contact with your lawyer throughout the process. If the VA rejects your claim, your lawyer can request an appointment with a Veterans Law judge to present testimony and other evidence in person. If your claim is accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans disability attorneys receive compensation for illnesses, injuries and conditions they've endured during their service. However the VA is a huge bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can help people navigate the system and offer the needed assistance.

The VA must review the case following the time a veteran has filed an Notice of Dispute at the local VA office. This includes reviewing the laws, regulations and the evidence used in the initial decision. This includes looking over the medical record of the veteran as well as in the event of a need, lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all evidence that it has reviewed.

This statement should be in plain language and explain the reasoning of the decision, which should include the interpretation of the law and regulations which affect the case. It should address all the claims made by the plaintiff in his or her NOD.

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