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

The process of applying for benefits for veterans disability can appear overwhelming. A veterans disability lawyer can guide you through the process.

It's important that you locate an attorney who practices disability law and handles these cases at all levels of appeal. This will ensure you receive the best representation.

Appeal

When the VA refuses or fails to approve a claim, either the spouse or the veteran who is surviving may appeal. This is a complex and time-consuming process that can be complicated even for the most basic disability claims. An attorney for veterans can help you understand your options and obtain the benefits you deserve.

A common reason why people make a disability claim is that they are unhappy with the disability rating they have received. In this situation, the lawyer can make sure that the evidence is in place to support a fair rating based on a disability condition caused by or aggravated by military service.

Another reason that people tend to need a veterans disability lawyer is that they've waited for too long to receive benefits. The lawyer can help determine the missing documents and veterans disability lawyer submit a request to the VA to obtain those documents.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will allow you to focus on your health and any other obligations that you may have. Some lawyers are veterans themselves and this gives them a unique form of compassion for their clients and increase the stakes in their cases. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that permits an experienced reviewer to examine the same evidence that was presented in the original claim, and then make an additional decision regarding the case. The senior reviewer may confirm or reverse the previous decision to rate.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, but only one of these conferences is permitted. It is important to be prepared and be able to present the facts of your case in a concise manner during this meeting. A veteran disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews are usually used to correct errors made by the reviewer who was earlier in the case of a disability claim for example, not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by reversing a previous decision but only if it is in the claimant's best interest.

A personal hearing may be scheduled for the claimant in the wake of the review at a higher level. This provides the claimant to meet the person reviewing their claim and discuss their arguments. A veterans disability lawyer can help decide whether or not the need for a personal hearing is justified and can also prepare and present evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office received the initial denial letter. The VA will review your claim once more and draft an official statement of the case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help complete this form correctly to ensure it is effective in contesting the decision. It is not necessary to list every reason why you are not with the decision; however it is recommended to be specific so that the VA is aware of what you believe is incorrect. Your attorney can provide guidance on the evidence you should submit in the NOD including statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage You have a second chance to have it reviewed by an experienced reviewer in form of a Higher-Level Review. This process could take as long as about 25 months and you must be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer may request an appointment with an Veterans Law judge to present testimony and other evidence in person. If your claim is granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are compensated for their injuries, illnesses, and other conditions caused by their service. The VA is a massive bureaucracy and it's easy for people to be lost. A veteran disability lawyer can assist applicants navigate the system and offer the assistance they need.

The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the laws, regulations and evidence used in the initial decision. It also involves examining the veteran's medical records and, if needed lay statements. The VA must send the claimant an official statement of the case, which contains a list of all evidence that it has studied.

The statement should state clearly the reasoning behind its decision, including how it determined the law and regulations that affected the case. It should address all 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 received. Due to the VA backlog it may take the agency longer to issue the statement. If you're a veteran who is appealing a rating decision or a claim for benefits, please contact a lawyer for veterans disability lawyers disability from Fusco, Brandenstein & Rada, P.C.