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

The process of getting veterans disability law firm disability benefits can be a challenge. A qualified veterans disability lawyer can help you navigate it from start to finish.

It's crucial to locate a lawyer that limits their practice to disability cases and only handles these cases at every level of appeal. This will ensure that you're getting the best representation.

Appeals

When the VA rejects a claim or does not approve benefits, it gives the veteran or his the spouse who died to file an appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand your options and get the benefits you deserve.

The most common reason people are required to make a disability claim is because they are not satisfied with their disability ratings. In this instance, the lawyer can make sure that all the evidence is in place to justify a proper rating based upon a disabling condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA for the relevant records.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This gives you the time to focus on your health, and any other obligations you might have. Some lawyers are veterans and this can create an exceptional compassion for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence provided in the original claim and make a new determination. The senior reviewer has the choice to either affirm or reverse the previous rating.

The person who is the veteran or their representative could arrange for a casual conference with the senior reviewer to discuss the case, but only one of these conferences is allowed. It is crucial to be prepared and explain your case in a clear way at this conference. An attorney who specializes in veterans ' disability can help you prepare and participate at the informal conference.

Higher-level reviews can be used to correct mistakes by the previous reviewer in the case of a disability claim, such as mistakenly interpreting evidence or committing errors in the law. The senior reviewer is able to alter an earlier decision on the same claim to fix these types of errors but only if the changes are beneficial to the claimant.

A personal hearing can also be scheduled for the claimant as a result of the review at a higher level. This provides the applicant to meet with the person reviewing their claim and veterans Disability lawyer to present their case. A veterans disability lawyer can assist in determining whether it's necessary to request a private hearing, and also with creating and presenting evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you can make a formal notice of disagreement within one year from the date on which the local office sends you the original denial notice. The VA will review your case again and issue a Statement of Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you fill out this form in a manner that 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 to be wrong. Your attorney can guide you on the kind of evidence to include to support the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you have another chance to get it reviewed by an experienced reviewer in form of a Higher-Level Review. The process can take between 25 and approximately 25 months. You should be with your attorney throughout the process. If the VA continues to deny your claim, your lawyer may request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for their injuries, illnesses and other ailments incurred during service. The VA is a large bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist claimants navigate the system and provide much needed assistance.

The VA must examine the case after the veteran has filed a Notice of Dispute with the local VA office. This includes examining the regulations, laws, and evidence used in the original decision. This includes reviewing the veteran's medical record and when necessary lay statements. The VA must send the claimant a Statement of Case which is a list of all evidence that it has studied.

This statement should be in plain language and explain the reasoning for the decision, including the interpretation of the laws and regulations that affect the case. It should address the allegations made by the claimant in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date on which the NOD was filed. However, due to the VA backlog it could delay the release of this document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.