How a veterans disability law firms Disability Attorney Can Help You Get the Benefits You Deserve

The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.

It's essential to locate an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeals

When the VA refuses to approve a claim or does not approve benefits, it allows the veteran or or spouse who is surviving to file an appeal. This is a complex and lengthy process that could be complicated, even for the most simple disability claims. A veteran disability lawyer can assist you in understanding the various options available and obtain the benefits you deserve.

The most common reason why people make a claim for disability is because they are dissatisfied with their disability rating. In this case an attorney can make sure that there's enough evidence to support the appropriate rating based on a condition caused or aggravated by military service.

A veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can assist in determining what documents are not available, and then make an application for these records to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you time to concentrate on your health and any other obligations you might have. Certain attorneys are veterans and this can result in an unmatched empathy for their clients. This can make a major difference in the result of the appeal.

Higher-Level Reviews

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

The individual or the representative of the veteran can 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 explain your case in a concise way at this conference. An attorney who specializes in the field of disability for veterans can help you prepare and participate in the informal conference.

Higher-level reviews are often used to correct errors made by the previous reviewer on an appeal for disability for example, mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter an earlier decision regarding the same claim to correct these kinds of mistakes however only if those changes are beneficial to the claimant.

The higher-level review can also lead to a personal hearing for the claimant which gives them the chance to talk to those who are reviewing the claim and explain the arguments. A veterans disability lawyer can assist with determining whether or not it's required to request a personal hearing, and with preparing and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year of the date the local office received the original denial letter. The VA will review your case again and issue an official statement of the case.

If you want to file a dispute with the VA, you should fill out VA Form 21-958. A disability lawyer can help you fill out this form in a manner that is effective in appealing the decision. You don't have to list every reason you don't agree with the VA's decision but it is best to be specific in order to assist the VA to understand 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 the results of diagnostic tests.

If your appeal is denied at this stage, you have another chance to have it reviewed by a senior reviewer in form of an Higher-Level Review. This process could take as long as approximately 25 months. You should be with your attorney at every step. If the VA rejects your claim, your attorney can request an appearance before an Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses and conditions they've endured during their service. But the VA is a huge bureaucracy, and it's easy to get lost in the system. A veteran disability lawyer can assist applicants navigate the system and provide the needed assistance.

The VA must examine the case once the veteran has filed a Notice of Dispute with the local VA office. This includes looking into the regulations, laws and the evidence used to make the initial decision. This includes reviewing the medical record of the veteran as well as, if necessary, lay statements. The VA must provide the applicant with a Statement of Case, which includes a list of evidence it has analyzed.

The statement should be in plain language and explain the reasoning of the decision, which should include the interpretation of the regulations and laws affecting the case. It should address any claims made by the plaintiff in his or her NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date that the NOD was filed. However due to the VA backlog, the agency may take longer to issue the document. If you are a veteran who is appealing an appeal of a rating decision or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.