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 seem overwhelming. A good shelbyville veterans disability law firm disability attorney can assist you from start to finish.

It's essential to find an attorney who only has experience in disability law and who handles these cases at all levels of appeal. This will ensure that you get the best representation.

Appeal

When the VA denies a claim, or does not approve benefits, it gives the veteran or his her surviving spouse to appeal. This is a complicated and lengthy process that can be complicated, even for the most basic disability claims. A veteran disability lawyer can assist you in understanding your options and help you get the benefits you deserve.

The most common reason why people submit a claim for disability is that they are not satisfied with their disability status. In this case, a lawyer can make sure that the evidence is there to justify a proper rating based on a disabling condition that was caused or worsened by military service.

A lawyer for veterans may be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA for the relevant records.

A lawyer for veterans can also relieve you of the burden of dealing directly with the VA. This will give 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 type of empathy with their clients and give them a greater stake in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits senior reviewers to review the same evidence presented in the original claim, and then make an additional decision on the case. The senior reviewer has the choice to either affirm or reverse the previous rating.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, however, only one such meeting is permitted. It is important to be prepared and be able to present the facts of your case in a clear way at this conference. An attorney who specializes in williston park veterans disability lawsuit disability can help you prepare and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of the disability claim. For instance an earlier reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer can alter the previous decision made on the same claim in order to correct these kinds of errors, but only if those modifications are beneficial to the applicant.

The higher-level review could lead to a personal hearing for the claimant which is an opportunity to connect with the person who will be reviewing the claim and to explain their arguments. A lawyer for veterans disability can help determine whether or not it is necessary to request a personal hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you are able to file a notice of disagreement within one year of the date when the local office gives you the initial denial letter. The VA will review the claim once more and draft a Statement of the Case.

To file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal the decision. It is not necessary to list all the reasons you disagree with the VA's decision, but it is important to be specific and help the VA know what you believe is wrong. Your attorney can help you decide the evidence you should include in the NOD. These could be statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you can have it reviewed by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you should have your lawyer by your side throughout the process. If the VA denies your claim, your lawyer may request an appeal before an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has enacted a number of laws to ensure that Monticello Veterans Disability Law Firm receive compensation for injuries, illnesses and other ailments suffered during service. The VA is a large bureaucracy and it's easy for people to get lost. A veteran disability attorney can assist in navigating the process and provide crucial assistance to claimants.

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

The declaration should be written in plain English and should explain the reasoning for the decision, including the interpretation of the regulations and laws affecting the case. It should address all contentions the claimant raised in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding an assessment or claim for benefits.