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

The process of getting veterans disability benefits can be a challenge. 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 exclusively handles those cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeal

If the VA denies a claim or fails to allow benefits to be approved, it allows the veteran, or his or spouse who survives to file an appeal. This is a lengthy and time-consuming process that can be complicated, even for the most basic disability claims. 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 make a claim for disability is because they are unhappy with their disability rating. In this case, the lawyer can ensure that the evidence is in place to support an appropriate rating based on a debilitating condition that was caused or worsened by military service.

Another reason for people to seek out a veterans disability lawyer is that they've been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and then make an application for these records to the VA.

A veteran disability lawyer can take the burden of dealing with the VA away from you. This will allow you the time to focus on your health, as well as any other obligations you have. Some lawyers are veterans and this can create a unique compassion for their clients. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans can appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits senior reviewers to look at the same evidence as was presented in the original claim and make an entirely new decision in the case. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their representative may request an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is allowed. In this meeting, it is important to prepare and present your case's information in a clear manner. A veterans disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews are often used to correct errors made by the earlier reviewer in the case of a disability claim, such as not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by changing a previous decision however only when it is in the claimant's best interest.

A personal hearing can also be arranged for the claimant as a consequence of the higher-level review. This is an opportunity for the applicant to meet with the person who is reviewing their case and discuss their arguments. A veterans disability lawyer can help determine whether it is required to request a personal hearing, as well as with preparation and presenting evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office mailed you the original denial letter. The VA will review the case once more and draft a Statement of Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist complete this form correctly so that it is effective in contesting the decision. You don't need to list every reason why you are not with the decision; however it is best to be specific in order that the VA can understand exactly what you believe to be wrong. Your attorney can assist you in deciding which evidence to include in the NOD. These could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this point, you can request that it be reviewed by a senior judge through an Higher Level Review. This can take up to 25 months, and you must have your attorney at your side throughout the way. If the VA continues to deny your claim, your lawyer may request that a hearing be conducted before a veterans disability lawsuit Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries and ailments they've experienced during their service. However, the VA is a huge bureaucracy that is easy to get lost in the maze of regulations. A veteran disability attorney can assist in navigating the process and provide crucial assistance for those seeking assistance.

The VA must review the case following the time the veteran has filed a Notice of Dispute with the local VA office. This includes looking into the laws, regulations and evidence used to reach the original decision. This also includes looking at the medical records of the veterans and, if needed lay statements. The VA must send the claimant a Statement of Case which includes a listing of all evidence that it has looked over.

The statement should state in clear language the reasoning behind the decision, including how it interpreted the laws and regulations that affected the case. It should address any claims made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the document. If you're a veteran appealing a decision on your rating or claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.